Can they even do this?

[tiglet]

Well, it's all more power to your bow, so don't respond, print & file every correspondance and contact their solicitor to allege intimidation and harrassment which is evidence you will present to the court at your tribunal.

Advise you are also considering reporting this matter to the police.

[hanzo]

What is happening is that the other side are taking witness statements. People who want to keep working there are keeping their statements in line with the line taken by your employers. They resent you for having to lie in order to keep their low-paid jobs. Hence the abuse. Keep the person's bebo comment. Cite her as a witness under a witness order.

[GlasweJen]

Hanzo ther are so few people working there who worked alongside me (very high staff turn over) that I'm sure getting witnesses from the staff would be hard. I found out that her boyfriend has been disciplined for discussing the case with her.

[installspark]

Originally Posted by Jenschnifer

Guy on the phone worked out the statutory nonsense and had to make generalisations on the disability claim. He recons that if I were to win at tribunal I would be awarded about £7500 but he said you should knock some off if you're going to settle.

Did you prepare a statement of loss as part of the ET claim?

When I went down the ET claim due to disability route, it was ordered by the ET that a statement of loss be prepared and submitted. You will probably find that the other party wrote their defence and it was only submitted by the lawyer instructed to handle the claim as the their representative. The ET and other party also accepted the DLA letter as evidence of disability.

My claim was settled through ACAS before a pre hearing was to take place, and the offer without admission of liability (?!) was substantial, this being their first offer. ACAS advised that it was unusual for an employer to offer the amount initially and that I could expect to receive around the same figure from a tribunal.

I wish you all the best and hope you get the outcome you are looking for.

[GlasweJen]

thanks IS, the lawyer definately answered one question as it's on his companies paper but the rest looks like the works answers. I've not been asked to file a thingy for loss, what does that involve? This is too much for my poor dyslexic brain to take. The figure of 7500 was quoted by mr acas after he took details of how much i'd been paid, what happened re. disability discrimination and other stuff like how long i'd worked there.

[hanzo]

Actual loss of earnings and employment related benefits (1) £........
Future loss of earnings and employment related benefits (2) £........
Loss of right to statutory notice period (if claiming unfair dismissal also) [Usually awarded in the region of £250] (3) £........
Non financial loss (e.g. injury to feelings) (4) £........
Total A (1 plus 2 plus 3 plus 4) £........
Offset against : Earnings in new employment since dismissal/act of discrimination (5) £........
State benefits received since dismissal (6) £........
Total B (5 plus 6) £........
TOTAL LOSS (Total A minus Total B) £........

[GlasweJen]

do i include benefits i got when i was still at work? The only benefit i'm entitled to is disabled living allowance because i'm a student and i've been on that since before i started work.

Also i was in the system to start recieving the disabled components of tax credits but lost these when they cut my hours, do I write about that?

[hanzo]

No, don't include DLA. Only include income-related benefits like JSA, income support, tax credits etc.

[GlasweJen]

Ok so found out today that the company are still not keeping their mouths shut about this so now a new manager has told a personal friend of my flatmate all about the case in great detail and she and her friends are excluding him so that new manager (hired after I left) doesn't feel comfortable. Isn't there some legal gag I can apply because I don't want the world and their granny knowing my personal business (things like my recent op were scrutinised apparently).

[GlasweJen]

Just a thought but as this was in writing and is now presumably in my HR file does that mean discussing it would be a breach of the data protection act?

[GlasweJen]

Stuck in another counter offer with ACAS today, i think they might just accept this one but I have a question: What happens one we reach an agreeable figure?
*Do I drop the case and then get paid or demand cash upfront?
*Is there a form to fill in, do I write a letter or do ACAS advise the tribunal that we've managed to settle it?

[hanzo]

ACAS will deal with it. You will have to sign an agreement called a COT3, which is a binding contract on both parties. They will have 14 days to pay you unless you agree to a longer period. Once the COT3 is signed, ACAS will inform the tribunal, and the tribunal will put your file away with no further action to be taken on it.