Engineered SHAM REDUNDANCY followed mental health disclosure

[Miss2022]

I probably have an additional couple of questions relating to my employment status. I was offered a role as Head of Operations working across a range of business brands, paid a monthly salary by one of the brands and a commission structure for all other brands.

The brands dictated where and how I worked; looking at Government's website, I would consider myself employee (albeit commission only) or limb worker.

The respondents are disputing this and advise the only brand that employed me was the brand that paid my monthly salary.


There is the added issue that commissions due from other brands were concealed from me. I'm not a greedy person and working for individuals I thought I could trust, I did not suspect there would be any issues with honesty or transparency.

However things came to light regarding unpaid commissions which I had raised internally prior to the sham redundancy. I have been asking for disclosure of information ever since.

I also undertook a great deal of business development for all brands which led to business deals again which were hidden from me.

My questions are

1. If the respondents deny, how do I prove; can I ask for accounting records?

2. Are unpaid commissions tantamount to fraud, in accordance with the fraud act? If so, I suspect the Tribunal may not be the correct court to consider these financial losses.


The employer has, it seems also hacked into one of my private GMail email addresses and looking at my other emails months worth of attacks from a range of locations globally (no doubt using a VPN). Ive never known anything like it. When attempting to recover my GMail account, I was shocked to see a former colleague's name partially appear in the recovery address.


Thank you, I apologise if I'm asking too many questions, I'm just really up against it.

[ULA]

Without any response from the ET and with a hearing date in March, can I suggest that you continue to prepare for hearing as if it will go ahead, you do not want to be caught out if the Tribunal do not accept your application to move the date. Alternatively the hearing may go ahead as a Preliminary Hearing to deal with the document disclosure issues.

In answer to your questions:

1. You can ask as part of disclosure information about commissions that you were due as part of any commission structure you had in place. Unless you had a specific scheme in place for remuneration for business development activities that brought in business then you cannot now claim you should have been financially compensated for that part of your role. You also need to be aware that asking for accounting records may quite rightly be classified as commercially sensitive information which the respondent will not need to disclose.

2. Commission is considered as part of wages and therefore it is an unlawful deduction of wages which is an employment tribunal claim. However have you already put this in your original ET1 claim or Particulars of Claim?

How can you prove that your ex-employer has hacked your account this seems very extreme.

[Miss2022]

The trial in my case listed for March did not proceed, due to the Respondent's failure to provide the final list of documents, I was unable to finalise my statement [referring to their documents and my own. I applied for a postponement order; this was accepted. The ET Judge seemed uninterested when I raised that the Respondents Representative was in breach of a court order. However did condemn me for writing to the ET without permission to do so.

To put this into context; I had sent an email evidencing that the Respondents had lied to the tribunal about an important issue in my case [2 days prior to the hearing] This was criticised and the Judge remarked "You do litigants in person a disservice" Bear in mind I have no support and am self representing.

The Judge did not have any issues about the Defendant's representative filing statements hours before the said hearing, suggesting that I was fine in work and they were not aware of any disability.

The evidence I had sent, for which I was criticised for CONFIRMED that the respondents have lied all along about not having knowledge of my disability. However, the Judge considered the Respondents statements yet not my evidence [providing evidence that they have known about my disability all along].

I applied for copies of the transcripts from the hearing; the cost was around £1200.00 from memory. The ET staff have advised me to fill in the form again and ask for the transcripts for free, I'm unsure how to do this.



Disability determination

A case management hearing was arranged; the Judge determined that because I managed to continue to go to work and I could load a washing machine and cook that my mental impairment was not severe enough to warrant a disability in accordance with the Equality Act. The Judge didn't seem interested in medical evidence from the Psychologist, or the fact that whilst I could place items into the washing machine, they could stay there for weeks. I was ok starting tasks it was finishing them that presented the issue.

My Father had terminal prostrate cancer, however could still load a washing machine prior to his death.

Despite detailing as best as I was able as a Litigant in Person the overall impact on my life, my relationships with my children and friends, lack of enjoyment and my reluctance to interact. Any interactions were forced. It seemed to me that the Judge had made up her mind from his earlier criticisms of my filing evidence with the ET without permission. The evidence was of course critical to the key issue of disability and the Respondents actual knowledge of the same, despite their denials since the outset. This didn't seem to matter.

I continued to work out of necessity, as a single parent there is no safety net, I am that safety net... if I fall unfortunately so do my children. Despite being filled with cortisol and living in a state of exhaustion, I was also acutely aware of the impact not working and financial issues would have on my mental health.

I was criticised by the Judge for repeating myself; unfortunately this is a symptom of my mental impairment, resulting from being stuck in fight or flight mode. It would be a lot like asking an individual with tourettes to stop swearing? I understand that Litigants in Person are considered to be a burden, however I do not believe self representation should prevent a barrier to justice, and I certainly do not consider I should be criticised for reprimanded for having a mental impairment.


I informed the Judge at the hearing that I didn't feel that the true nature and extent of my situation was being considered [at the time of the aforementioned hearing I had been signed off by my GP - [PTSD].

The Judge considered the report of a Clinical Psychologist and referred to his diagnosis at the time of Post Traumatic Adjustment Disorder as a mere "concept" despite extracts of my GP notes referring to the suicidal thought processes I was living through.

It seemed to me that the Judge was essentially denying the actual reality of my own thoughts and feelings.

The issue in this case following a mental health disclosure, the employer considered I was weak enough to push out and spent a few months abusing me at my place of work.




I returned privately paying to a psychologist to discuss my ongoing psychological symptoms; having been on a variety of NHS waiting lists since 2021; usually I am contacted by phone and moved to another list, which has been pretty agonising.

My situation is such that my cognitive functioning is impaired and I find myself struggling with simple tasks, my lack of ability to structure things when triggered, my over explaining things which according to the psychologist is due to living in a constant, exhausting state of fight or flight mode, I am told that this is due to my brain being in a state of constant alert rather than reliance on the intellectual part of the brain which is required for logic. I am now receiving treatment - from a psychologist specialising in trauma, however am having to pay for this privately.


Since disability discrimination is at the heart of my claim I have scraped together the money to pay for assistance from a barrister regarding the issue of disability, however as at today's date I have been awaiting sight of written reasons regarding disability from the Employment Judge for four months. Is this usual? Is there anything else I can do here?


The Respondents have failed to provide the evidence ordered by the Judge, relevant to key issues in my claim and the list of documents is due to be filed by the Respondents representative next week. In light of the fact they have failed to provide key documents again, would it be recommended that I write to the tribunal and ask for an extension until a) the written responses from the Judge regarding the issue of disability are received b) the respondents forward the documents to me (which I have been asking for since 2022)


Dual employment status

Working for two employers separate business entities with sole directors who acted as de facto directors in each other's business. The employment Judge advised that is not possible to have two employers at the same time "a servant can not have two masters". The case of Patel v Specsavers was mentioned; I referred to the case of Prison Officers v Gough.

I have considered a variety of articles from law firms specifically for employers; they seem to think that dual employment is entirely possible.

I have checked the definition of worker status on Gov.uk - I provided personal service, answered to two employers on where and how the work was done and had to ask both of them for holidays etc. I was paid a salary by one employer and was due commission payments from the other; I have an offer letter confirming this, however no contract of employment. The employers were based in the same office.


I am a litigant in person struggling, I have exhausted pro bono who seem to want easy enough cases, the legal aid board civil legal aid's panel of solicitors are at capacity and they referred me to the CAB; the CAB informed me they could help me organise my paperwork however can not provide legal advice.


I'm finding it extremely difficult insofar as if I was physically injured I would no doubt have support from the police and CPS; however being mentally abused by employers seems to be insignificant. If I was injured in a serious road accident I doubt any sane human being would open the car door and say "oh come on, get out you'll be fine" Things being what they are there is an expectation for a litigant in person with severe mental health to navigate her way through complex employment issues, which are particularly triggering having to constantly revisit trauma again and again,

I'm unsure how I am supposed to navigate through complex legal arguments, all the time dealing with lies and deceit and game playing.

From my perspective and the opinion of the psychologist is that it would be beneficial to apply to pause this case to allow for effective psychological treatment to take place... I have no idea how to make such an application and would welcome thoughts regarding this.

Thank you in advance.

[Miss2022]

It has also come to light that during Furlough I was paid for over one year by a dormant company owned jointly by the pair. Regarding my concerns on dual employment, and in view of the lack of contract; it seems that they, despite the obligations as Directors didn't know who employed me either.

[Miss2022]

I have also since spoken to a cyber security expert who asked me a series of questions about emails which I had received, emails being deleted, despite my settings preventing any auto delete.

The cyber security works alongside a private investigations agency in Liverpool and has informed me it is unfortunately entirely possible for remote access to happen, he questionned whether they had cash and whether I have opened any attachments from the Respondents [which of course I have as part of the process of dealing with this matter].

I have also had friends look at things which have occured and screen shots of activity I cannot explain. An in-depth examination and monitoring as you will no doubt appreciate is a high ticket service which until now has proven to be out of reach.

[ULA]

Miss2022 your recent 3 posts cover a lot of information

It would appear that the final March hearing did not go ahead. Do you have a new date for the final hearing?

In addition there has been a case management hearing re disability determination which I presume took place in March, given your reference to 4 months, was this in place of the final hearing?

I am not clear whether you may have got judgement at the hearing and if you are you now waiting for written reason? If you did get judgement was that in favour of you have a disability und under the meaning of the act or not because that will impact whether your disability discrimination case falls away.

You also mention a barrister, what did you instruct them on?