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Hello!!
Just came across this forum when searching on Google. I'm just hoping some kind member will take pity on me and give any advice they are able to.
Briefly:
I'm a long way down the Tribunal road now. It's been like pulling teeth. I am claiming for constructive dismissal, discrimination and harassment and I was employed for just over six years. During the year April 2012 to April 2013 it started with my employer refusing me a 2% cost of living rise but still awarding it to 13 male employees in the same company. I had previously received the same cost of living increase as the men each year. I was the Accounts Office Manager. I had not been considered for extra holiday allowance awards previously and was asking to be brought into line with the men over this. Despite many letters memos and conversations my employer still refused to budge on either issue, but kept prolonging the issue by saying that he would look at it again in a few months, or at a certain point in time etc.
My employers offices are in a separate wing of a large country residence and his son 'worked' in the same office as myself (he was paid a nominal wage for tax purposes only and had his own business interests). My employers wife came up to the offices at times because of the house situation but was not employed in the business and was nothing to do with the business. From July 2012 I began to be harassed and intimidated by my employers wife, who insulted me, called me names, shouted at me etc. I complained to the employer several times as did 2 other staff when they were treated in the same manner. This resulted in loud arguments between them in the office but nothing changed. Also in July after a very substantial property sale I was asked by my employer verbally and in a note to transfer a six figure sum via bacs payments, some of which directly affected his wife.
He had not told his wife about this and she was furious, which I got in the neck and so did he. To take the heat off himself he used me as a scape goat saying I was not authorised to make the payments. Technically fraud and certainly defamation of character? This was circulated in writing to two other people. It took me a lot of work to prove this was unfounded. From November 2012 his son, who shared my office, started touching himself inappropriately when in the office with me. In December I complained to my employer who said he would deal with it. Nothing happened and after about 3 weeks I asked about it and was told it had been dealt with because he had spoken to his son. I had hoped that he would at least separate us as there was an unused room next to my office. The behaviour stopped for about a fortnight but then after New Years it continued.
During Jan 2013 to March 2013 the PA had left and a new lady had been brought in. Not qualified for the job but suitable to my employer for some other reason and after all it was his decision to make. This situation upset both the factory manager and myself greatly because she was being put in a position by the employer of being able to tell us what we could and could not do over credit control and we both felt undermined etc. I was really finding the situation and my working environment very stressful and it was affecting my health as it had been going on for almost a year in total. Several letters and memos and discussions during march resulted in my seeing my GP at the beginning of April and being put on 2 weeks sick leave for work related stress and my blood pressure was very raised despite previously well controlled medication. My GP told me I ought to seek advice from ACAS because he thought I should not be working like this. I took his advice. I had previously been very happy and settled at work and had never thought to leave my job. The situation deteriorated badly with my employer refusing to separate myself and his son or investigate the matters I had complained about. I resigned because I felt there was no hope that he would change anything. He refused me the benefit of the company sick pay scheme during my 3 months notice period, was obstructive with payslips, abusively refusing to talk to benefit staff on the telephone etc. so that my benefit claims were impeded.
I started my claim in April 2012. There was a CMD in August. I am representing myself but my employer has a HR specialist. I have complied where possible with orders made by the Judge at the CMD but to date the opposite side has been obstructive, and have manipulated the bundle by removing some of my documents and inserting extra documents of their own (not already submitted by exchange of document deadline). I have objected and wrote numerous emails (all copied in to the Tribunal Service) and now almost have the bundle put back to an acceptable position, but not yet agreed. It is beyond the order deadline in October. This is why I am now in panic mode because my witness statement has to be exchanged on 12 December and I am asking the Tribunal service for an order for information from the Respondent that they are refusing to give. The Judge has already written to them once about this.
I understand that my witness statement has to be cross referenced to bundle documents but obviously some are still being withheld that are material to me. I'm not sure whether I need to refer to my claim for aggravated damages in the statement and reference it to the bundle documents I have submitted? I know the statement is very important and I want to get it right. I'm just not sure how far I go into matters or what should be included in it or what should not be included but left to be dealt with at the hearing, which by the way is not until April 2014!!
I hope this hasn't sent anyone to sleep. I would just be grateful for any advice or help.
Many thanks in advance.:clgblinkie171:
Just came across this forum when searching on Google. I'm just hoping some kind member will take pity on me and give any advice they are able to.
Briefly:
I'm a long way down the Tribunal road now. It's been like pulling teeth. I am claiming for constructive dismissal, discrimination and harassment and I was employed for just over six years. During the year April 2012 to April 2013 it started with my employer refusing me a 2% cost of living rise but still awarding it to 13 male employees in the same company. I had previously received the same cost of living increase as the men each year. I was the Accounts Office Manager. I had not been considered for extra holiday allowance awards previously and was asking to be brought into line with the men over this. Despite many letters memos and conversations my employer still refused to budge on either issue, but kept prolonging the issue by saying that he would look at it again in a few months, or at a certain point in time etc.
My employers offices are in a separate wing of a large country residence and his son 'worked' in the same office as myself (he was paid a nominal wage for tax purposes only and had his own business interests). My employers wife came up to the offices at times because of the house situation but was not employed in the business and was nothing to do with the business. From July 2012 I began to be harassed and intimidated by my employers wife, who insulted me, called me names, shouted at me etc. I complained to the employer several times as did 2 other staff when they were treated in the same manner. This resulted in loud arguments between them in the office but nothing changed. Also in July after a very substantial property sale I was asked by my employer verbally and in a note to transfer a six figure sum via bacs payments, some of which directly affected his wife.
He had not told his wife about this and she was furious, which I got in the neck and so did he. To take the heat off himself he used me as a scape goat saying I was not authorised to make the payments. Technically fraud and certainly defamation of character? This was circulated in writing to two other people. It took me a lot of work to prove this was unfounded. From November 2012 his son, who shared my office, started touching himself inappropriately when in the office with me. In December I complained to my employer who said he would deal with it. Nothing happened and after about 3 weeks I asked about it and was told it had been dealt with because he had spoken to his son. I had hoped that he would at least separate us as there was an unused room next to my office. The behaviour stopped for about a fortnight but then after New Years it continued.
During Jan 2013 to March 2013 the PA had left and a new lady had been brought in. Not qualified for the job but suitable to my employer for some other reason and after all it was his decision to make. This situation upset both the factory manager and myself greatly because she was being put in a position by the employer of being able to tell us what we could and could not do over credit control and we both felt undermined etc. I was really finding the situation and my working environment very stressful and it was affecting my health as it had been going on for almost a year in total. Several letters and memos and discussions during march resulted in my seeing my GP at the beginning of April and being put on 2 weeks sick leave for work related stress and my blood pressure was very raised despite previously well controlled medication. My GP told me I ought to seek advice from ACAS because he thought I should not be working like this. I took his advice. I had previously been very happy and settled at work and had never thought to leave my job. The situation deteriorated badly with my employer refusing to separate myself and his son or investigate the matters I had complained about. I resigned because I felt there was no hope that he would change anything. He refused me the benefit of the company sick pay scheme during my 3 months notice period, was obstructive with payslips, abusively refusing to talk to benefit staff on the telephone etc. so that my benefit claims were impeded.
I started my claim in April 2012. There was a CMD in August. I am representing myself but my employer has a HR specialist. I have complied where possible with orders made by the Judge at the CMD but to date the opposite side has been obstructive, and have manipulated the bundle by removing some of my documents and inserting extra documents of their own (not already submitted by exchange of document deadline). I have objected and wrote numerous emails (all copied in to the Tribunal Service) and now almost have the bundle put back to an acceptable position, but not yet agreed. It is beyond the order deadline in October. This is why I am now in panic mode because my witness statement has to be exchanged on 12 December and I am asking the Tribunal service for an order for information from the Respondent that they are refusing to give. The Judge has already written to them once about this.
I understand that my witness statement has to be cross referenced to bundle documents but obviously some are still being withheld that are material to me. I'm not sure whether I need to refer to my claim for aggravated damages in the statement and reference it to the bundle documents I have submitted? I know the statement is very important and I want to get it right. I'm just not sure how far I go into matters or what should be included in it or what should not be included but left to be dealt with at the hearing, which by the way is not until April 2014!!
I hope this hasn't sent anyone to sleep. I would just be grateful for any advice or help.
Many thanks in advance.:clgblinkie171:
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