Me vs my old company please advise on my options

[bankbreaker]

Hi all

I am looking for some advice and experiences...

To start with I made a mistake at work which wasnt all my fault but also on the mis communication from my line manager. That was on the Friday on the Monday I was suspended I was a manager for the company.

I was suffering from depression at the time so handed my notice in as I panicked and thought I would be sacked (never been in trouble before) I went off in suspension and my boss called to say he would like me to withdraw my resignation as I am not a danger to the business etc. However I could not come back as a manager due to my illness this was without discplinary or even seeing the company Dr. I couldnt believe it!
He said he thought I was too ill. He didnt know I was depressed until I said. He also tried to blame my mistake on my illness which wasnt the case as it was his mis communication (I have witnesses)

I went back to work and had to accept what was happening as I had no other job to go to straight away.

I got another job and when I handed my notice in I put a grievance in. I was suppose to have a grievance meeting a week later however no one turned up!
I called ACAS who advised me to proceed to tribunal on the basis of the disability act as they have acted unlawfully. My claim was accepted and finally I got a meeting for my grievance. However I'd rather not go to tribunal but settle with ACAS conciliation scheme. Thats my question is it unrealistic to ask for my annual salary plus hurt feelings?

Roughly 25k altogether?

The effect this has had on my life in immense. I was vilified made to leave my job and also hubby and I wanted to start a family this year but now I need to wait and re-establish a career in another company before I can go on maternity leave.

Any advice gratefully recieved.
Thanks
BB

[old_andrew2007]

Hi BB
It does sound that you have been treated badly, however can I ask a few questions, what type of business did you work for, are you a trade union member if you are they will be offer support, and assist in preparation for an ET hearing.
I would think that any compensation would be much lower that the amount you mention, but first you would have to win your case.
Andy

[bankbreaker]

I work in retail I dont want to say the companies name in case I am opening a can of worms. But Large Multi National. They do not recognise Trade Unions however I am entitled to have one My friend is a ex shop steward although he hasnt been to tribunal in a few years.

I am looking for a years salary as I would have been starting a family this year and now that has to be delayed as my new job I would not be eligble for maternity pay as well. A payout would allow me to see out my plans and also back dated salary loss of future earnings etc.

My company are known for settling bigger amounts out of court than what a tribunal will pay as they cannot afford the bad publicity.

Take a guy I know he was acting fraudulently and was later sacked but he had got them on a technicality and to keep ot out the papers they settled without even threat of tribunal only acas involved. They could prove 100% he was dodgy but they shut him up.

[chesham]

You may be entitled to damages if you put in a case for constructive dismissal, due to the behaviour of the employer based on factors of discrimination, as depression is classed as an illness recognised by the Disability Discrimination Act.

However, you are not automatically entitled to a sum plucked out of thin air, or a year's salary, and it is at the discretion of the ET of the sum which you are awarded. As you have not suffered material financial hardship (i.e. you had another job to go to), your claim may be limited to liquidated (i.e. set amounts of money) damages.

I remember a case brought up not so long ago (Vento v Chief Constable of West Yorkshire Police), in which an employee was awarded £50k for injury to feelings and £15 for aggravated damages for being bullied for four years, causing depression and stress. However, he actually got £18k for injury to feelings and £5k for aggravated damages after the two appeals were heard

Assessing potential damages for injury to feelings in discrimination cases has always been a difficult task! However, recent guidance from the Court of Appeal gives a little more clarification.

The Court identified three ranges of payment, when awarding compensation to claimants, as follows:

Highest band - range of damages for injury to feelings is £15,000- 25,000. These are the most serious cases, where there has been a lengthy campaign of harassment.

Middle band - range £5,000 - 15,000 - for serious cases which do not merit an award in the highest band

Lower band- range £500-5000 - for isolated or one-off acts of discrimination.

Remember, these are not guaranteed and ET's can be a horrible and lengthy process. Similar to judicial courts of law, evidence needs to be gathered and you need to evidence the discrimination as well as the fundamental facts which led to your resignation from the company.

You needs some legal advice (possibly from ACAS) with regards to entering a nominal amount for compensation - it's not set in stone, but if an employer has done wrong by you and broken the law, then you have a right to be compensated for the wrong doing. Good luck !

[bankbreaker]

Hi again

I have called the employment tribunals service today and my company havent responded to the case they have til midnight tonight, I doubt they will respond as there admin dept are useless.

I suspect I will get a default judgement can anyone tell me how long it takes from here on in on the basis my old company wont/cant appeal.

I will call the ETS tomorrow but I have googled my heart out trying to geta rough indication.

[bankbreaker]

Got a response from the tribunal.

They've denied everything.....