Bujon - Employment Tribunal Help Please

[Bujon]

Hello All, new to the site. I'm looking at posting some info and getting some advice for my upcoming ET, where I will be self-representing and taking on who have been assigned to represent the respondent....hope there is some keen help out there

[Bujon]

Assistance advice required on an unusal set of circumstances

Hello, I'm hoping somebody out there has the knowledge to assist with this enquiry.

Having submitted an ET1 form and am awaiting the ET3 form in response, but in the meantime I am trying to put together my plan of attack, and I have one element which I really need clearing up and it involves the mechanics of my previous employers staffing design.

I was under supervision of person X (who I have highlighted as perpetrator of bullying and harassment in my claim for constructive dismissal), however person X as far as I am aware is not actually an employee of my ex-employer. X is the FD of another firm, whose owners happen to have a financial stake my ex-employer.

I have stated that because of this fact, that my ex-employers are not in a position to offer me a duty of care whilst investigating my allegations against X who is clearly above and beyond their control. Is this a sound argument?

despite asking for clarification of X's employment status, this has been denied. Can I insist on this information?

It surely highlights a conflict of interest at the very least, no?

Should X even have line management responsibilities of staff members from a firm to which X is not an employee?

Someone point me in the right direction, as I don't wish to waste too much time barking up a dead end.

[Bujon]

Re: Assistance advice required on an unusal set of circumstances

And how do I keep my paragraphs within the post??

[Kati]

Re: Assistance advice required on an unusal set of circumstances

And how do I keep my paragraphs within the post??

If you click "go advanced" at the bottom of the text box there is an option to preview before posting

- - - Updated - - -
[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] [MENTION=48758]stevemLS[/MENTION] ... any ideas??

[Bujon]

Re: Assistance advice required on an unusal set of circumstances

Brill! I did try that but had a 'hanging' issue, will be more patient next time lol

[Kati]

Re: Assistance advice required on an unusal set of circumstances

No worries ... I got a bit lost on the forum to start with to be honest (it takes a bit of time to get used to it) :tinysmile_twink_t2:


I'm sure you'll get lots of help and advice soon xx

[Bujon]

Re: Assistance advice required on an unusal set of circumstances

I should perhaps add the my ex-employers are housed in the same premises as X's employers, but don't think that would make any difference, as the two companies are not part of the same group.

[Kati]

Re: Hello All

Hello All, new to the site. I'm looking at posting some info and getting some advice for my upcoming ET, where I will be self-representing and taking on who have been assigned to represent the respondent....hope there is some keen help out there

Link to your other thread for ease - http://www.legalbeagles.info/forums/...091#post566091

[Bujon]

Re: Hello All

And yes, I don't want to give too much away as any XYZ litigation members on here will no doubt put two and two together due to the unusual characteristics of the claim, which is very strong from my perspective by the way, so am keen to take them on at the tribunal. :-)

[Amethyst]

Re: Hello All

Probably best not to mention them ( have removed name)

[Amethyst]

Re: Assistance advice required on an unusal set of circumstances

Your claim is for constructive dismissal, due to the failure of your employer to operate a duty of care towards you over bullying/harassment against you by a third party who acted as your manager.

Could you give a bit more background on steps you took prior to your resignation to bring this to your employers attention and any steps they took to assist you?

[Bujon]

Re: Assistance advice required on an unusal set of circumstances

I went the whole internal grievance route, and was signed off on sick with WRS immediately after the final straw incident.

1 of 5 incidents to which I have good evidence based on balance of probabilities, plus a witness statement from an ex employee who also left due to bullying by the perpetrator (a witness happy to testify at the hearing).

The grievance was not upheld, so I appealed, which was also not upheld, leaving me no choice but to constructively dismiss myself.

The company have followed procedures in the sense of A to B to C to D etc (and feel this is enough) but clearly had no intention of ever upholding my grievance which is evident in the language and correspondence issued to me at each stage of the process, along with off point investigations and responses.

[Bujon]

Re: Assistance advice required on an unusal set of circumstances

....and the go advance option doesn't work for some reason, apologies on the poor/complete lack of paragraphing!

[teaboy2]

Re: Assistance advice required on an unusal set of circumstances

Your argument was that the employer breached their duty of care towards you by not protecting you from being bullied and harassed. The fact the person responsible was an FD of another company is irrelevant as he was clearly on your employer premises, clearly operating under your employers control (i.e. like if on a secondment from his employer to work for your employer) therefore the employer has overall liability of any person representing their interests on the shop floor, regardless as to in what capacity. Your employer should have taken the matter up with the perpetrators employer also, and made reasonable adjustments to limit the contact you had with the person bullying and harassing you!

Can you be a bit more precise as to the connection between his employer and yours, and why he was working as your manager if he was not on a secondment?

[judgemental24]

Re: Assistance advice required on an unusal set of circumstances

Just shooting from the hip on this one as to duty of care.
Did you state any Statutory duty in your complaint/ Grievance when identifying the failings of the employer??