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nickymacd

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  1. Steve Thank you again, my E.T. Hearing is set for late Aug. and two days have been asinged to cover the issues. All my evidence is in written form, I placed my grievance in 2005 during the following three years I submitted a vast amount of medical evidence suporting work related ill health GP reports, 2 Occupational Health Reports and finally Hospital reports. My Grievance was not upheald, however the investigation disalowed all supporting evidance, and disregarded all medical evidence. Even going as far as to say that 4 witnesses refute my clain - my grievance was based on numerous private meetings with my line manager, there are no witnesses at private meetings, and on reading the statements from these witnesses none claim to have attended or had any knowledge of my situation. I apealed on the grounds that this was not natural justice and not in keeping with my employers Code of Conduct. On making further requests for copies of my employers policies I was told that the request document did not exist, however at the time of making this request I held a copy of the document, experience had made me careful. I also wrote to the highest internal level for guidance and did not receive any acknowledgement. Three years of work related ill-health and following my refusal to resign I was dismissed- 40 years of work experience without a blemish, and dismissed for being medicaly singened off with work related ill health. Graduall they became more and more arogant, some of the written evidence that I hold showes a complete disregard for their duty of care. I hold excess of 40 documents pertaining to this and numerous Policies and Proceedures not adheared to. A risk assessment was never caried out, denial was prefered. I am attempting to prepare for the hearing, very unsure about representing myself, fortunately, and I thank god for this, my now employer sent me on a Management Health and Safety training Course I know that I must prove that my emp. · owed me a duty of care · that the duty of care was breached · that injury was caused by the breach of care my evidence will support this, however I will be week in my ability to present this professionally. Also I am unsure about the bonds of confidentiality, how much can I discuss and with whom, has always been a stumbling block in my understanding of this matter. Thank you again Nickymac.
  2. Jason Firstly I have an apology for both you and Steve, I was in Edinburgh at the weekend and my daughter explained to me a little more about your forum, I learned that I skipped the initial setting up of a thread, I think that that is what she said. I am very sorry, and thank you for overlooking this. I also attended an ET Hearing, a one day dismissal case, am I glad that I did, I had palpitations waiting for the Judge to enter, and had to increase my medication, I need not have worried, the Judge makes sure that the claimant understands each step, I felt humble by the fairness and clarity of the situation. I am more fortunate in as much as all my evidence is in paper form, the knowledge and understanding was very beneficial. Sorry again for the confusion, I do have a defence from the respondent, it is called and ET3 form so I did not know what it was, I remember reading this and wondering who could have written it as it is not very accurate, does not recognise the three OH reports or any other relevant, concerns. At this ET Hearing I attended I did realise the importance of proving their omission of medical reports, the legal and statutory requirements involved, and both the dismissal letter and the letter from their Appeal Decision Maker that admits that my health was damaged, and states that these meeting were quite correctly held in private. I just have to move on to the next stage, as far a photocopying goes, my church has use of a private recourse centre, I can copy all documents in triplicate, for 4p each, as I have 50 pieces of evidence, 8 Policies and Procedures, and need confidentiality, this is indeed a God send. My firm does have all manner of health policies; my contract entitles each employee to try to access these. I will wait and hear from my insurer, print of your email and prepare for their reply, fortunately I am in the position to bear some outlays. Thanks again, Nickymacd
  3. Jason Can you tell me what a direct instruction barrister is, although my instinct is that this is exactly what I would prefer? You are a mind of very useful information, my ET Claim was filed in November, and I am not sure what you mean when you say if they failed to reply within three months. Would I know if they had filed a defence on my unfair dismissal? Do I contact the Tribunal services and ask? The ET Judge set a date in January for a telephone case conference, about my secondary claim on age discrimination, there was no discussion about the unfair dismissal claim, other than to confirm that it was going to a Hearing. A case conference was held on the age part, the Judge noted that my union had completed the ET Claim form and was not with me. As the age discrimination occurred on dismissal she explained to me that I had to submit a second Grievance to my employer for the age discrimination section and I told her that I had not, adding that I did not know that this was a requirement, the Judge decided, with the respondent’s acknowledgement that it was not necessary to swear me in. However she could not hear the age discrimination case. She made reference to the dismissal case with the Grievance dated 2006, and confirmed that this is going to a Hearing. I respect what you say about my PI claim being filed in the High Court, but I could not afford the legal bill and further stress, this option remains open to my until late this year, after the ET ruling. My X employer has every kind of cover, and health scheme; they have policies for their policies. As these policies form part of my work contract I have copies of them also, including the Risk Assessment Policy which states that carrying out a risk assessment is a legal requirement. Sadly there is a large GAP between their written policies and their practices. Claim Lodged - Unfair Dismissal:- Dismissal is considered unfair as … was signed off sick due to anxiety/work related stress. The stress was as a result of bullying in the workplace. The judgement following an investigation undertaken by ….. Management 2006, failed to take into account reports from both Occupational Medical Reports complied by …… and …… GP. Appeals submitted were not acted upon. The adjustments made by management were not adequate to resolve the bully problem and were not properly monitored by management. This was in part due to management being remote – aprox 200 miles from work location. A further incident report dated …. was not fully investigated and the current bout of ill health ensued as a result of ….. being unable to return to her original work location. No other work could be found in the area for her as ……. are reducing the workforce. ….. was unable to return to work and she was subsequently dismissed, The letter notifying dismissal failed to state that the reason for the ill health was work related stress as a result of …… failing in their duty of care. Considerable financial losses have been incurred, as the department and the ……….. failed to extend the period of sick pay – something which should have being sanctioned as all medical evidence points to the ill health being work related Other Payments owed:- Loss of earnings – 3 years Loss of pay due to reduction to ½ pay Loss of pensionable pay 3 years Other Complaints Because of the nature of ..... dismissa .... ... will not give her a reference for future emp. which accurately reflect the good reports received during her emp. by ..... and also fails to take into consideration the fact that the dismissal was as a result of work related illness brought on by a failure in duty of care by .... The above is copied from my ET form. Thank you again Nicky .
  4. Janon Firstly I phoned my AA Insurance today and I am covered for £25,000 legal cost, I will do the paperwork and hope. And yes to all your first paragraph, iwas my line manager, she did not threaten me she talked over me and through me she saidthat she was a kick boxer, there was no sence to it and I knew not to question her. Frst Istarted grinding my teeth in my sleep I have a list of dental repairs as I broke two in half and they had to be recemented. my emp got copies of this which relate to emergency dental apointments. Then my heart would acerelate as some speed and I had to go to the doctors, I also had high blood preasure and was put on med. for both (no previous history of this, it would settle and I could come on the med. but another meeting and more medical appointment and pills. Copies of each med. prescription were given to my emp. I have all written documents from grienance, OH reports Gp letters and as the health went down in 2005, grievance in 2006 a 14 month investigation, another year for the appeal to be over. During 2007 the hospital fitted me with a heart moniton, which showed my heart was going very fast, I had to diary the attacks and mail from my emp trigered attacks. I then attended the cardiology clinick and I am to stay o the med. Whilst medically signed of with work rrelated ill health I was dismissed. When I say she went ahead, I mean that eforts to stop the meetings by showing medical evidence to her, increased the frequence of the meetings. She thought that I would go, but although it was horific, I decide when I leave a job. Encluded in my grievance was a report on the 17 year old who left just before me. I found her crying outside the building and it was hapening to her also. The ET is filed and a telephone converson with an ET Judge and the respondent in January there is to be no pre-hearing it is going to tribunal. My x emp has not rresponded. Yes it was bullying and i put that on my grievance, and detailed the ill health as evidence Isustained broken teeth, high blood preasure, accelerated heart rate, then a stress related skin disorder, and I was put on sleeping pills for two weeks to break the lack of sleep patern. i cannot diescribe the mental distress. The union work for my emp, and are in hiding. i want to ensure that theey face up the the massive gap between their written policies, and their legal requirements. I doubt that anyone has stood up like this, they are 'BIG' will hate the stigma, their size is enough to make most leave quiatly.. I am fortunate, I have excelent work history, character, and have neared retirement, they cannot take anything from me. the experience was so bad that i thought of ending it, but that would only hurt my children. I lost my good name, dismissal isunpleasant, but it gave my an end to my situation. It cost me three years wages, and three years pension contributions. I took a month off, my health improved, but i am still on med. I did some voluntry work and was invited to apply for a team leader position, I love it, it is only part time but my team are happy. Excuse rushing. Thank you again, Nicky
  5. Jason Of this there is no doubt not only are the thing s that you understandably doubt true I have evidence of every document 50 pieces, I also have my emp. policies and procedures both on the risk assessment that was not carried out, the reporting work related ill health doc, the grievance procedure that cover fair and impartial and all evidence being considered and the appeals process. Employer knew about health problems the Official Grievance in 2006 was based on medical evidence OH Report confirmed and GP letter. It was my line manager, accusations, someone had told her, would not give names or dates-false, Time and time again mostly on Friday and ruined my weekend and sometime weekly, she told me that she was a kick boxer. During the months that I endured this I got a glowing report on both my work and willingness to help etc. Even when I emailed her to say that my health was going down and I was on heart pills she stepped up the pressure. Fortunately I have all written documentation. I brought the medical evidence to both the complaints manager and the appeal takers attention and they allowed it to be omitted. When I attended the appeal meeting I was accompanied by a first aid union rep, the meeting had to be adjourned as my heart started racing but she went ahead. YES -The admission came from the appeal decision maker and I have the exact words that I quoted to you in writing and evidence numbered. I do not know anything about psychiatric injury. I do not have a solicitor and although my union rep filled in the ET form they have stalled ever since and I am on my own. I am so well documented but unsure about representing myself, I am planning travelling to Edinburgh to sit in on an ET for experience. Thank you for the insurance info and for your reply. Nickymac
  6. Jason, Thank you for your reply. I have given a short intro to my situation for your consideration. I have work for over 30 years, hold excellent work and character references, and was employed 5 years with this very large employer. Late the second year 2005 a new manager started asking me for a private word, always away from the dept. in a private room, as a result of these regular private meetings my health went down, and heart pills were needed, for the first two years no sickness absence, I did not know of my right to be accompanied. I was unused to such behaviour. After exhausting every other course in 2006 I placed a formal grievance providing Occupation Health and GP confirmation. The 13 month investigation disregarded the medical reports and failed to uphold my Grievance. I immediately wrote to the complaints manager pointing out that the medical evidence I had based my complaint on had been disregarded, etc, and that it is the decision maker’s duty to ensure a fair and impartial investigation. In keeping with my employers Policies and Procedures I also appealed. After a lengthy appeal process the O.H., GP, and now Hospital Cardiology Reports were disallowed and my appeal was not upheld. In keeping with my employers Code of Conduct I wrote to the very highest level, and received no acknowledgement. In 2008 whilst medically signed of with work-related ill health my employers dismissed me for sickness absence. I have 50 Pieces of evidence dating from 2005 to 2008 everything in writing, also a number of employers policies and procedures which form part of my contract of employment that have not been adhered to. My employers written policies specifically detail the right to be accompanied, and that they are legally required to complete a Risk Assessment, they did not. The Appeal taker’s letter refusing to uphold my appeal included the following written statement “There is no question that you, have health problems, nor that they were exacerbated by the one to one meetings with your line manager - to challenge your behaviour – Any such meetings are naturally confrontational and in my opinion it was the confrontation that brought on your symptoms of ill-health. As your manager it was ……... duty to challenge theses behaviours and in accordance with normal management action, these meetings were quite correctly held in private There was no ET pre-hearing review for my dismissal; the case is going to tribunal soon. However I am representing my self I am very concerned about how best to prepare etc. Thank you
  7. Hi I am new to forums, and sending this in an attemt to communicate with someone who has knowledge about employment tribunal hearings. I will be facing this soon alone and could use some guidance. I am unsure which box to click to start this off. Can you help?
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