Sueing my current employer

[justiceman]

I work for a government organsiation and was compulsory transferred outwith the terms and conditions of my contract of employment, This lead to me having a nervous breakdown as I felt it was a personal attack on me by management. I was advised by senior management that if I was to take out a grievance it may upturn stones better left alone.

I was assured that the move was not punative and instead was for my development.

I have a history of mental health issues and my current workplace knew about it and was part of my support mechanism. Post move I had to be sedated for a number of months, contemplated suicide and was close to being admitted to a psychiatric hospital.

Management and HR where very little help throughout. I am about to start a phased return to work

Can I sue my employer for damages?

Kind Regards

[Sangie595]

Re: Sueing my current employer

I doubt it, not least because it seems that this would have taken place more than three months ago ( the employment tribunal deadline is the months less a day) and you didn't complete the grievance procedure ( regardless of the reason why, you didn't, and that was your choice - an employment tribunal would expect you to have completed the full grievance procedure).

On what basis do you think that the didn't have the right to change your employment? It's actually quite a common term in government organisations that they can transfer people between roles. What reason were you given for the change? And why did this lead to a mental breakdown - I can understand someone being angry or upset by such a change, but toy response to this was extreme, which suggests there is more to this than you have told?

[justiceman]

Re: Sueing my current employer

Event though I felt bullied and was threatened not to take out a grievance? Plus, I did know back in January that this would have lead to a nervous breakdown.

They didn't have the right as my contract states that I am to be employed anywhere within the service area for the benefit of the service. Removing myself (a training specialist) from a role to bring in an untrained specialist because a manager wanted a "freshen up" is not consummate with the needs of the organisation.

[Sangie595]

Re: Sueing my current employer

I'm sorry, I'm new here and I have only just read your previous thread. I'm not quite up to speed on how the board works.

I'm not really in agreement with the advice you had previously, but these things are always matters of opinion unless a court rules on them. I think that the reason given, and the redistribution of skills and experience to create a more flexible workforce - which is what "freshening up " means, although I might have used better words in their shoes- is a valid business need, and, as I said, a common term in gov't organisations.

But, I'm sorry, yes, even with all this. You were not threatened. Not in the sense that a tribunal would accept. You were advised that things might arise which are not in your own best interests to come out. It was up to you to decide whether you were willing to take that risk, and you didn't. But this all happened nearly a year ago now. In very, very rare circumstances, it is possible to get the deadline extended, but I can't see any reason to here. And the lack of taking out the grievance would count strongly against you. I think you would be throwing away your money on costs that, in my opinion, would inevitably lead to the case being struck out before it even got to court. And also, bad as things may still be, that would leave your in an even worse position with your employer.

I can fully understand why you are so angry. But the law isn't about what is making you angry or upset. It doesn't judge fairness or right like you do. And I would fear that you are simply going to risk doing yourself more damage by continuing a doomed fight. Hard as it may be, I think you have to move past this.

[justiceman]

Re: Sueing my current employer

Thanks Sangie595 - are you an employment lawyer / solicitor?

Openlaw15 / Teaboy could you please share your thoughts on this matter.

Kind Regards

[des8]

Re: Sueing my current employer

openlaw is currently inactive, and @teaboy2 has not posted since last February.
Perhaps [MENTION=49370]Kati[/MENTION] could tag other beagles who might have a different take on this, tho' I tend to agree with Sangie (but I'm no employment guru:santa_smiley

[Sangie595]

Re: Sueing my current employer

Thanks Sangie595 - are you an employment lawyer / solicitor?

Openlaw15 / Teaboy could you please share your thoughts on this matter.

Kind Regards

I noticed on your other thread that you are keen to ask what basis people have to advise you. This is purposeless. No I am not a lawyer, but I do work with employment law. That said, you can only take my word for it. What people are on internet sites cannot be verified. If what you want is legal advice, then you need to be in a lawyers office. But I am certain that they will be telling you the same thing that I have - you are out of time, and even if you were not, you cannot go to a tribunal without first attempting to resolve this with the employer through a grievance. Any claim would fail.