Could I take this to tribunal?

[icklejolee]

I was employed to care for disabled people with learning difficulties. My employer sent me to a service where the person I supported decided he didn't like me so would try his best to assault me, report me for things I hadn't done and anything else he could do in the hope I would be taken off his support team. This went on from June 2006 until Feb 2007 when I decided I'd had enough. Told my doctor what was going on so he gave me a sicknote to excuse me from work due to stress. I submitted this to my employer along with another request to be moved to another team. My employer ignored all my calls and letters for two months before giving me a meeting where they were supposed to give me work. In this meeting they didn't have any work to offer me and ignored/took issue against all the problems I raised. Eventually the managers present called me a "smart arse" and I left the meeting still with no offer of work. I then attempted to arrange a meeting with the head of the company which took another five months to happen. When we eventually spoke he told me that what had happened shouldn't have gone on but that he wasn't going to do anything about it and I should come back to work as if nothing had happened. I told my boss that I was in such dire financial straights that I was going to have to move house out of the area but would be willing to travel if some compromise was made. He then told me that that I was "not robust enough" to do this kind of work although in my spare time I am a martial arts instructor! I told him this left me little choice but to resign. I have recieved advice from an employment solicitor who made a settlement offer but now she is really dragging her feet and my three month deadline to file a case of constructive dismissal is almost up. Should I go through with it myself?

[GlasweJen]

If you feel you have a case and evidence then yes, you should and quickly. The ET1 form can be filled in online and you might find it easier getting legal help once it's submitted.

[Conniff]

Yes - get it in, now, it can always be withdrawn later if required. Don't miss the deadline.

[Goldlady]

It's really fine being a litigant in person at the Tribunals - you get lots of help from the Chairman and you have much more leeway to say things than a solicitor would. Don't miss the deadline.

[loulou11]

Hi

I agree with Goldlady. My husband went to tribunal & the case lasted 7 days, there was so much evidence, along with witnesses to support his case it was unbelievable. No one in there right mind would have given the verdict the chairman did.

I however blame our barrister who was supplied by the insurance company, he did his best but because it was a complex case my husband & I understood it more & could have put it across a lot better. The barrister worried about things that were not that significant & missed out what were really relevant points. The hardest thing was sitting in the 'court' listening to the barrister struggle with the points. If your gonna go to tribunal either pay a fortune for a top dog barrister or do it yourself.

My husband won his case but believe it or not the chairman wrote in his summing up that my husband & his witnesses were basically liars, all five of them! He dramatically reduced the payment. Hubby did win a right to appeal on the grounds that no reasonable tribunal would have come to that decision however as a family we weighed up the prospect of living the 'nightmare for a further 6 to 8 months & decided it wasn't worth it. I myself was at breaking point too.

No amount of money can make up for the stress and worry. Its taken my hubby over a year to regain his health and zest for life but it will takes us as a family a long long time to recover from the financial probelms.

Whatever you decide to do good luck !

[tiggywnk]

Originally Posted by icklejolee

I was employed to care for disabled people with learning difficulties. My employer sent me to a service where the person I supported decided he didn't like me so would try his best to assault me, report me for things I hadn't done and anything else he could do in the hope I would be taken off his support team. This went on from June 2006 until Feb 2007 when I decided I'd had enough. Told my doctor what was going on so he gave me a sicknote to excuse me from work due to stress. I submitted this to my employer along with another request to be moved to another team. My employer ignored all my calls and letters for two months before giving me a meeting where they were supposed to give me work. In this meeting they didn't have any work to offer me and ignored/took issue against all the problems I raised. Eventually the managers present called me a "smart arse" and I left the meeting still with no offer of work. I then attempted to arrange a meeting with the head of the company which took another five months to happen. When we eventually spoke he told me that what had happened shouldn't have gone on but that he wasn't going to do anything about it and I should come back to work as if nothing had happened. I told my boss that I was in such dire financial straights that I was going to have to move house out of the area but would be willing to travel if some compromise was made. He then told me that that I was "not robust enough" to do this kind of work although in my spare time I am a martial arts instructor! I told him this left me little choice but to resign. I have recieved advice from an employment solicitor who made a settlement offer but now she is really dragging her feet and my three month deadline to file a case of constructive dismissal is almost up. Should I go through with it myself?

Hi,

After reading your post i felt i had to post with going through tribunal myself for sexual harrasment.

My advise to you is, really think before you put a case forward, its not stright forward as people make out, when i first started with my case i went to 'ACAS 'and they were great and guided me through the first lot of paper work and after that i went and got legal adivse and went with a no win no fee with my laywer firm who handled my divorce.

You have 3 months to get your paper work in and after that you wont stand a chance to go to court, can you not move solictors as if she dragging her feet now what she going to eb like when you go to court...? i was very lucky that i had a fantastic firm who has stuck by me and was great in all aspects with my case, its stressing and the law is fustrating i found and the person who has done wrong has more rights then you, for me i made the right choice and dont regret taking his sorry ass to court, after 2.5 years of hearings and his ass dragging things out, i won all 3 court cases but he wont pay up and i have just made him and his company bankrupt and one way or another i will get my money, as i dont go through all that for nothing.

My advice is, change solictors and move on with things if this is the path you think you should take.

Hope this helps, sorry if long winded.