Right, so you are still employed BUT you are claiming IB from the state, and presumably you have been off for a number of months and therefore your firm are no longer paying SSP.. I am sorry to say that I have no idea what would happen in practice if the Medical said you were fit to work... I suppose your IB would cease and you'd have to try and suck it up and work in the office whilst you try and find a better job or at least a job you prefer? Hopefully someone on here will confirm...

Ok, A direct instruction barrister is one who is instructed by you rather than through a solicitor - not all can do this (in fact, it is quite a limited number). Some may want payment in advance, and you will need to argue with your insurance provider about using direct instruction barristers. Basically, it also helps reduce the costs because you do the work that a solicitor would do (and of course you then are not charged for it! BUT, you can still claim your costs as a litigant in person at the ET, for the time you spend on the case). You would really need a scanner (perhaps a feed one) and photocopier (saying that, the all in one jobs are fairly cheap these days). I think you sound confident and intelligent enough to me to cope with that sort of thing - you would obviously need to keep an eye on Tribunal orders etc. but the barrister could go and represent you at hearings etc.. and may even (when reading ET1 etc.) be able to add to your claim. If you phone round a couple of local chambers and see if they do direct access for ET claims..... Then you can also get prices etc.. I can absolutely appreciate the PI element of your claim and having another case but I am thinking that you will, without any discrimination, whistleblowing or victimisation claims, be subject to the statutory cap... Your claim may be worth more than that? Also, you say your firm has all manner of health policies. Do they have a PHI or CIC policy? (Permanent Health Insurance or Critical Illness Cover). Is there any such scheme in your contract of insurance? I am very specific about that for a reason, because IN that case, you have a breach of contract claim against them as well..... IT could also be used as a lever against your ex-employer when it comes to settlement i.e. get it added to your compensation. Your claim is certainly written adequately and establishes a fairly clear blame. But yes, do phone the ET and ask if they have filed a defence yet. You could also contact their lawyers and ask them IF they aim to file a defence......

Ask them to indentify which section of the terms they are relying upon as well. That way you can prepare your defence/attack based upon what they say, and determine what information/evidence you need as well. Also, check your house insurance etc.. for legal expenses..

With regard to your conviction, was there any press involvement? Has any Doctor suggested/noted that your use would assist in pain relief (just trying to find a way to ensure it was reasonable to do so). Any policy on the computer may be deemed part of your T&Cs as a rule, there is likely to be a T&C which says that these may change or be found etc. and be added to your contract.... I am not 100% convinced that simply being convicted of an offence will be suffficient for them to act and call it Gross Misconduct..... They are correct in that they need to provide you with any evidence in advance etc.. When do they say they will do this? WHen is the hearing? What is the current state of play? Are you on full pay suspension?

I would never recommend anyone seek bankruptcy unless they had absolutely no choice. There are charities who can deal with your creditors and try and sort things out i.e. make payments which you can afford, until you get back on your feet.. So they already have lost one court case? Have they made an offer to the creditor to pay them back at say £10 a month etc? To be clear, in the event that the house is in negative equity and the house is repossessed, then sold at auction, the mortgage company can still go after them for the money....... i.e. they don't just start afresh AFAIK. AFter a period of time doesn't the DSS assist with mortgage payments? There is some Govt approved scheme as well for lenders to stop people losing their homes is there not? That may be worth looking into? Change to an IO mortgage, and get a lodger if they have a spare room? And get that claim filed !!!

Hi, Well, the legal insurance is a great start. Might I suggest, if you are brave enough, that you seek a direct instruction barrister to use at any hearings, and of course to assist in producing documents etc... She sounds like a very strange lady indeed, I can only think it was a surreptitious attempt to threaten you, but I cannot see any logic in why she would do that, unless she took a dislike to you (I hate to sound sexist but IME this seems to be how women operate at work, they dislike someone for no rhyme nor reason. Indeed, ironically, when there are people who are, uh, not nice, and you would think they would find objectionable, they then do not....) When did you file ET1? (Just that, I think, but I may have to go and check or someone on here will correct me, that if they fail to reply within three months then you have won, as they only have three months to file a defence, soooo, if filed in January then their three months is up - I would phone the ET if I were you and ask if they have filed a defence). They may of course seek an extension of time (and often get it too) if they have a relatively good reason, but if they have a solicitor on board yet still don't file a defence that is strange. I think it's great that you will stand up to them, it only takes one person to do so to get them to change their ways. Given what you have documented, I rather think the ET is going to take a very dim view of their approach. Of course, you may claim for your salary and pension which you have lost, and indeed your future contributions. It does sound like you have almost a textbook stress claim as well. Your PI claim MAY be better filed in the High Court though (I don't suppose your company had any health scheme like PHI did they?). Counsel might be best placed to advise you on that in light of the evidence (I am thinking it may be a method to avoid the statutor cap, although I am wondering if you can so anyways - might I ask what claims you have lodged and upon what basis)...

Yes, I can appreciate that, but the question falls to: What outcome do you want? Basically, I am suggesting that you set things up so that 1. You can complain and it gets dealt with and 2. IN the event it is either not dealt with or you are treated differently afterwards, you have a claim for victimisation.

Ask them for a copy of the alleged reference. Advise them that your employer states that no such reference exists. Give them 7 days to provide this reference. Ask your ex employer to state in writing that no such reference was provided.

Ah right, it is not easy under the circumstances. Can they not get DSS payments to assist with the mortgage etc? The problem is they won't be sorted, it can haunt them for the next five years or more, AND in some cases the bankruptcy does not mean the mortgage company can't come after them.... Yep, you can look up counsel on the Chambers website and see if they also act in Employment law, and then they can give you some help.. Oh, does your brother live in London ? (Slim chance, but FRU may take on his case if he does). Annoyingly, I cannot find the s***ing case in my book now which just states there is a policy of allowing discrimination claims to be heard.. But it IS well known the courts, honest..... The EOC website says " 8.4 Making a claim outside the time limit If you make a late application: the Tribunal may hold a pre-hearing review to decide whether to accept your late claim or they may decide this at the start of the full hearing or after they have heard the full case; by law the Tribunal can only accept your claim if it believes that it is just and equitable to do so; the Tribunal will ask you to explain why your application was late. You will need to have a good and genuine reason for the delay. It is often a good idea to explain the reason on the ET1 when sending in a late application; some reasons which may make it just and equitable to extend the time for having filed the ET1 are: you were too ill to apply to a Tribunal (if so, you are advised to obtain a letter from your GP or consultant as evidence of your ill health); you had no reason at the time to believe that you had been discriminated against but further information has since come to light. If you do not file your claim in time because you did not know you had a legal right to make a claim or were given wrong advice you should send in your application as soon as you can, explaining why your claim is late. A Tribunal might exercise its discretion to allow your claim to proceed out of time but will not necessarily do so. If you were given wrong advice, you may have a separate negligence claim against your adviser. How does the Tribunal decide on late claims? In deciding whether to extend the time limit and allow a late claim to proceed, the Tribunal will look at all circumstances of your case and, in particular: the length of and reason for the delay; the extent to which the evidence is likely to be affected by the delay; the extent to which the Respondent has co-operated with any requests for information; the promptness with which you acted once you knew of the facts giving rise to the complaint; any steps you took to obtain appropriate professional advice once you knew (or could have found out) that you might have a claim" I will have another look for that case though, I have it in my head that the EAT or I actually think it was the CoA made a direct statement, I will check a legal search engine.

Might I suggest that you get a small dictaphone, secret it in a pocket, then record evidence of this bullying as well. Your employer owes you a duty of care.

There is caselaw to suggest that discrimination claims should be heard, which I can give you if you want, if you are going to make an out of time application. That does sound nasty, and he sounds like he was pretty lucky to survive it. I am no expert on bankruptcy, but yes, I do THINK that in the event he acquires lots of extra money, it is possible for a debtee to seek to recover it. But they would first of all have to find out about it.. I would counsel against bankruptcy if at all possible though - have they tried the money expert debt type people etc and made offers to pay a nominal amount or even asked the mortgage company to go interest only etc.. Bankruptcy can really f**k things up (for want of a better way to put it) for a very long time indeed as I understand it. Secondly, presumably his wife and child have also claimed for PI from the driver? (The child can have a "litigant friend" who is over 18, say for example your wife, pursue the claim on the baby's behalf). THEIR money could not be touched (unless they are joint debts !). Yes, do keep us posted, hopefully someone else will have something better to advise you as well.

The two managers could not discuss the situation, that again would not be impartial. They will need to have you submit your views, the manager submit their views, then a decision made by someone impartial.. Did you or your witness sign the minutes? If not, then that is also in your favour.

Any APPEAL on a decision which is heard by the same decision maker (i.e. manager) who took the original decision is NOT an appeal which will be recognised by the court and therefore will not be a correct procedure for the DDP .... You can put, in writing, to your employer that you believe that the appeal process was flawed as the same person has overseen the appeal as the original decision and request the appeal be passed to someone independant (of the manager, not of the company) to make a decision which can be impartial, upon sight of all the evidence..

It is not for YOU to come with a suitable alternative position, that is their job to search through the vacancies etc.. I would remind them of the view taken in Alexander v Home Office if I were you in respect of this matter.

Nicky, I don't doubt it, I just wanted to be very clear !! Because it's easy to mis-interpret written stuff - at least, for me..... So, you are saying that your manager was raising fallacious accusations made against you by someone (fellow employee?) but she wouldn't give you the details? This then caused you substantial upset and ruined your weekends etc..and undoubtedly also sleepless nights worrying about it. That in itself is a breach of a founding pillar of justice, and the courts don't look too highly upon it - you must be given the evidence of the claims and accusations made against you in order that you can defend yourself. Where any written documents given to you for the grievance? Was it recorded/minuted in any way, and signed by you? You say "she" went ahead, is this your line manager? The one who was making the accusations? Are you saying also that she was threatening you? I.e. stating she was a kickboxer, was that to intimidate you? You have ET1 filed? Or just filled in? If it has been filed, when was it filed, and what was your effective date of termination? (I assume you are aware it must be filed within three months). Then, has your ex-employer responded at all? (ET3?). Have you had any hearings at all to date? I assume not from what you are saying... Without meaning to pry, can you (will you?) disclose a "little" more information about your health - you are saying you went on heart pills, is that blood pressure? Basically, what I am trying to get at is WHAT injury did you sustain as a result of this bullying (which is what it is as well I believe, I do hope you submitted a claim for bullying, if not, might I suggest that you ask permission to amend ET1 to account for that). If it's a psychiatric injury (stress/depression etc) it's far harder to show/prove because the courts are not so keen on it (sadly, despite the fact that it is, IMHO, far more likely to result from such actions). What is the state of play with respect to your union rep? If they are not responding, perhaps escalate to a more senior person? Obviously you wish to proceed with this claim. My question is, what do you hope to achieve? Once you have that established, then it's a matter of working out how to get it..... It's a good idea to go to the ET and watch how it works, that would help your nerves as well. Also, ETs are well used to litigants in person, and you are likely to find the judge assisting you (especially if your employer is represented!). I hope I've made sense above....