Employment Tribunal hearing in two weeks!!!!!!!

[Brighton-cpe]

Hi All,

I have a Employment tribunal coming up in a couple of weeks now.

I am taking my employer, a large financial services provider to the E.T for effectively forcing me out of the company, leaving me with no other option then to resign.

I had had serious trauma in the past from which I was suffering (which my employer was unaware of up-to the discriminatory events) When a new line manager took over she took an instant dislike to me constantly undermining my work in public, making a song and dance of it in front of colleagues, excessive use of monitoring and excessive workloads at one point.

In the end it all became too much and I let me Employer know of my condition, they were the least bit sympathetic and the harassment from the particular line manager continued.

A few days later, it proved too much I went to hospital with acute chest pains and then ended up being signed off work for two weeks with PTSD. It only became so unbearable due to the excessive, gradual, pressure the line manager was exerting this in fact triggered my condition and aggravated it!

I then asked my employer for one day off a week (a reasonable request) for counseling, which was backed up by a signed letter from my GP. My employers refused this despite the medical evidence. It took them four months to grant me the one day off!!! by this time i was completely fed up.

Having had counseling, when I came into work the following day, my manager would ask me how my day off for counseling had gone? in a public vicinity, as if it was a day's holiday. Very insensitive! In addition to this when phoning in sick on one occasion and informing the manager I had been vomiting in the night......wait for it....she asked if I had made it to the loo or "had been sick in the bed"; completely inappropriate lines of questioning.

to cut a long story short I was in and out of work/being signed off. The harassment from said line manager continued. I believe she was acting on behalf of the more senior managers whom wanted me out of the company. because she was allowed to get away with this.

I was singled out for using a mobile phone in the office. When it is quite common for staff to use phones in the office. On this partic occasion it was to receive a phone call from the wife of a friend who had just died of leukemia at 30. I told the line manager I had just lost my best friend and the line manager informed me very coldly "I should have taken the call on my lunch break'. No sympathy what-so-ever.

I raised a grievance and it was clearly never going to get heard so I resigned saying that I had enjoyed my time working there etc. TBH i was to scared to leave stating the true reason as I was afraid of getting future references.

I have evidence from a couple of other employees who had to leave due to bullying from a different line manager, however are too intimidated to submit evidence. One infact did write a very damning statement and then decided to withdraw it the next day having spoken to my solicitor. Very odd, however, I suppose the gravity of the whole matter must have become more apparent having spoken with my sol????????

Respondent's DEFENSES

Disability Discrimination. The company are trying to say I am not disabled, even though they have no medical training and I have plenty of evidence from my G.P. they said for example, I was smiling and playing football so I could not possibly be disabled.!!!!

Constructive dismissal: They are saying that prior to the (alleged discriminatory) events I was on performance review, despite this never having been formalised nor have I received any written warnings! Nor was proper training ever given. Therefore mistakes are bound to be made, however work was always completed on time and good results were achieved!!!

I have a solicitor managing the whole thing no-win no fee and a barrister on the day. I would like some advice on how the billing works. All I am aware is 25% out of court and 32% if it settles in court.

I am very vary anything could happen on the day, the company is very powerful and has got lots of money to spend on legal fees.

However the company are bullies and really need someone to stand up to their bullying tactics.

If you have got this far...I thank you for taking the time to read this and would appreciate any input, advice or suggestions on how to cope with the big day, as I doubt it is going to be a very pleasant experience.

Once again:beagle::beagle::beagle::beagle:beagles many thanks and God bless you all x

[charitynjw]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Brighton-cpe, & welcome.

Is this the main event, or is it a Pre-Hearing Review? (Often used by the Tribunal as a preliminary in order to evaluate the strength of your case, or part of it, ie the disability side of your claim).

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi charitynjw,

Thanks for your question.
On the notice of hearing it states:

"The Hearing has been allocated two days including remedy, if appropriate"

It also mentions the need to comply with any case management order issued in relation to the case and refer to the booklet, 'the hearing'

I assume it is the full 2 day hearing, however I would be interested to hear your opinion, because my solicitor did mention a Preliminary hearing/ Case management discussion.

What's your opinion?

Best Wishes

[bluebottle]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Has your solicitor discussed the Protection from Harassment Act 1997 with you? It is very effective for dealing with workplace bullying and places the onus of proof on the employer that what you were exposed to was not harassment, Both employer and bully are liable.

Mjrowski -v- Guys and St Thomas's NHS Trust 2005, a Court of Appeal ruling, provides that an employer is vicariously liable for bullying of an employee by another employee.

I have also noticed a number of breaches of the Health and Safety at Work Act 1974, particularly Sections 2 and 7, in respect of the bullying and the health problems you experienced as a result of it. There are also breaches of Regulation 3, Management of Health and Safety at Work Regulations 1999, as your employer has a statutory duty to carry out a risk assessment and should have done so in view of your health.

Discuss these issues with your solicitor as a matter of priority.

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi bluebottle,

many thanks for your post. You have raised some interesting points!

My solicitor has not mentioned the protection from harassment 1997. I was not aware of this. I am only aware of the DDA 1995 now 2005 and the equalities act. Are you able to elaborate on this act and how the burden of proof falls upon the employer?
How would the employer and manager(bully) both be liable? Does this mean I have two separate claims?

with regards to the Mjrowski case i am vaguely aware of this. Again would you elaborate and how it relates to my case?

I never even thought about Health and Safety at work, sorry but would you mind elaborating on these two acts as well and where the link/ breaches lie, as I think these are most probably very important.

I will inform my sol. first think on Monday, why do you think they never mentioned any of the above before?

Best wishes

*

[charitynjw]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi,

Sounds like the main event to me!

In my experience of Disability Discrimination (now under the Equality Act 2010), the employer's legal rep will make a big deal of how your disability has not affected your day-to-day life (hence the reference to football, smiling, etc.)

Some further info here http://www.healthyworkinglives.com/a...ation-act.aspx
This will need to be counter-argued by you/your rep, with as much supporting documentation & evidence as possible.

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Charitynjw,

thanks for this

With regards to your link it says under the Equalities Act 2010

"Previously, to receive protection from disability discrimination, individuals had to show that they had a physical or mental impairment that had a long-term adverse effect on their ability to carry out normal day-to-day activities."

it then goes on to say

"The list of capacities is removed under the Equality Act, leaving tribunals to make a common-sense decision about whether or not a particular impairment has a substantial effect on day-to-day activities."

Does this mean that, the burden of proof is no longer upon me, to prove that my 'impairment' has effect on my day to day activities? Does this in theory negates the need for lots of evidence and leaves the decision at the courts discretion? Should my G.P's medical evidence not be substantial enough any way?

For example is very hard to prove that a serious trauma has effect upon one's ability to get up in the morning. How would one go about one proving depression?

For the employer's legal rep to try and trivialise a trauma seems to me, very immature.

[charitynjw]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Brighton-cpe,

Some time ago, 'disability' had to be evidenced by your diagnosed problem being included on a recognised list of impairments. I think there were 2 such lists, one via the World Health Organisation, the other being a similar USA list*.
This is no longer necessary, but as it is 'court's discretion', you will be expected to evidence your difficulties.
Medical evidence is, of course, vital, but it would be advantageous to submit as much as possible (from you, relatives, friends etc.) as to how it has affected you.
Btw, avoid the word 'now' (as in 'before the event i was....now i am....)
I have seen that interpreted as 'now', ie at this present moment in time.
Unfortunately it has the effect of making the statement too remote from the event(s) which caused the disabiliy. (Sneaky tactics!!)
Also, things like using public transport on your own, or going out, even shopping, can be used by the employer's team as evidence that your day-to-day activities have not been significantly affected.

*DSM IV

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Charitynjw,

all my witness statements (from friends & family) won't be deemed as too bias by the courts?

Please can you elaborate on the word 'now' and how the usage of the word may be detrimental to my case.

Yes, my solicitor has mentioned that it could get nasty and they company legal rep could say I am a liar and faking it and so forth.

From the respondents statements they are saying that I never exhibited any depression, anxiety or other such things in the office environment. The crucial point they are missing is balance between public and private life. The face one;s shows in public is not a true representation of whats really going on deep down. Two completely different faces.

I am also interested in what Bluebottle said earlier in a previous post about a 'risk assessment'. The employer never did any kind of risk assessment or offer any form of counseling. Contrary to claiming so....I wonder how this will go against them? They knew my scenario but failed to take any positive steps only harassment, bullying and forcing me out!

All the best wishes

[charitynjw]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Brighton-cpe,

Re 'now'
It's to do with the concept of 'remoteness of damage'

'.Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. In negligence claims, once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage, they must also demonstrate that the damage was not too remote.


The Wagon Mound no 1 [1961] AC 388 Case summary


Following the Wagon Mound no 1 the test for remoteness of damage is that damage must be of a kind which was foreseeable. Once damage is of a kind that is foreseeable the defendant is liable for the full extent of the damage no matter whether the extent of the damage is foreseeable.

http://www.e-lawresources.co.uk/Remo...-of-damage.php

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Charitynjw,

I have spoken with my sol., they are saying that the witness statements have been submitted to the courts, so it is too late to put forwards any fresh evidence.

Apparently statements from friends and family will do little to sway the tribunals decisions as family are not medical experts.

Therefore we will be relying on the GP's medical evidence.

Many thanks for your explanation, using the Wagonmound case.

I would be interested to hear any other advice as the clock is ticking!

Best wishes.

[charitynjw]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi again

Best advice - stay cool, calm & collected in the hearing!*
Hard to do, as you're personally involved, but remember that the Tribunal will not decide on morality issues, only legal ones. (ie, re constructive dismissal; is there enough & sufficient evidence to show that the employer breached their contract - especially the implied duty of care)

*A very good website - http://etclaims.co.uk/2011/09/keep-i...ed-if-you-can/

Have you got a Kindle? - good (& cheap!) e-book http://etclaims.co.uk/

& check the archive/index sections on the right-hand side of the above page for loads more info on ET topics.

Please feel free to continue posting here, & definitely let us know how you get on!

[bluebottle]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi bluebottle,

many thanks for your post. You have raised some interesting points!

My solicitor has not mentioned the protection from harassment 1997. I was not aware of this. I am only aware of the DDA 1995 now 2005 and the equalities act. Are you able to elaborate on this act and how the burden of proof falls upon the employer?
How would the employer and manager(bully) both be liable? Does this mean I have two separate claims?

with regards to the Mjrowski case i am vaguely aware of this. Again would you elaborate and how it relates to my case?

I never even thought about Health and Safety at work, sorry but would you mind elaborating on these two acts as well and where the link/ breaches lie, as I think these are most probably very important.

I will inform my sol. first think on Monday, why do you think they never mentioned any of the above before?

Best wishes

*

Hi Brighton,

The Protection from Harassment Act 1997 was originally brought in to deal with stalkers, but is now also used to deal with bullying. Your manager's behaviour only has to occur on a minimum of two occasions for a breach of the Act to be committed. ACAS recommend it is used to deal with bullying in the workplace. In determining a breach of the Act, a court has to take account of the effect the bully's conduct has on you, whether it is reasonable in the circumstances and how any reasonable person in possession of the same information would adjudge the manager's behaviour. In short, if a reasonable person considered the manager's behaviour to be bullying, it is a breach of the Act. The onus is on the manager and your employer to prove their actions were reasonable in the circumstances. Damages that a court can award are unlimited and include anxiety suffered by you and any financial losses you have suffered as a result of the manager's behaviour and your employer's failure to abate it.

The Court of Appeal ruling in the Mjrowski case makes an employer vicariously liable for the actions of an employee who bullies another employee.

With regard to the claim, as the manager engaged in their behaviour towards you during the course of their employment, the claim is dealt with as a single claim. The court has the power to order the bully AND the employer to pay damages. This happened in the recent Michalak case.

With regards to the Health and Safety at Work Act 1974, your employer has a statutory duty to ensure a safe working environment and to ensure you are not exposed to unnecessary stress. In your case, your employer hasn't exactly ensured your working environment was safe as the bullying affected your health, resulting in you having to take time off sick. Also, if your employer knew of your health problems, they are under a statutory obligation under Reg 3, Management of Health and Safety at Work Regs 1999, to conduct a risk assessment to determine whether they need to take steps to reduce any risk to your health. Conducting an occupational health assessment would satisfy the requirements of Reg 3. Your solicitor could argue your employer was in breach of their statutory duty under Section 2, Health and Safety at Work Act 1974.

Under Section 3, Protection from Harassment Act, you can seek an injunction against the manager and your former employer. You would need to apply to your local County Court for an interim injunction, applying to a Circuit Judge, shortly afterwards, for the injunction to be made permanent.

If you require any further clarification, please come back onto this thread.

BB

[Brighton-cpe]

Re: Employment Tribunal hearing in two weeks!!!!!!!

Hi Brighton-cpe,

Also, things like using public transport on your own, or going out, even shopping, can be used by the employer's team as evidence that your day-to-day activities have not been significantly affected.

*DSM IV

Hi Charitynjw,

I have been through the respondents bundle and surprise surprise, they have put an email as evidence. It is from one of the boys, who sat next to me, to the line manager (the bully).

"Is XXXX(me) supposed to be sick or on holiday?
I spoke with YYYY, who said he saw XXXX(me) in the supermarket with mates, looking CHIRPY"

I had been signed off with Serious depression, anxiety and PTSD, most of which was brought about by my line manager.

I find this very immature and even believe that this email evidence could be fabricated.

Is it not feasible for some one who is suffering serious depression to go to the supermarket to buy some food.

The ex-employer is doing everything possible to undermine my illness/ disability.

The E.T claim is based on
1.Disability discrimination
2.Constructive Dismissal

Question: Will proving my disability be a prerequisite, and will it be difficult seeing as the other side are trying to disprove it. How does this affect the constructive dismissal claim.

I agree with Bluebottle that possibly the breach of health of safety and protection from harassment would be more likely easier to prove. what does every one think?

Look forwards to hearing from you all

Best wishes