Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
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    Default Re: Employment tribunal

    thanks for the input everyone. Just some updates. It took me much longer, than I expected. I have been doing research and working on the Particulars of Claim for the last 24 hours with little sleep. So couldn't go to consult with the solicitor today. I will have to do it tomorrow morning. Meanwhile I will be sending emails to no win no fee companies tonight. I am almost done with the PC.
    But 2 things -
    1. due to case being complicated and involving lots of facts PC is 6 pages long. I was thinking of just making very very brief description in the box 8.2 of the court form, then follow with statement that details are in the attached file - is that right approach ?

    2. Not sure, if I have made all and the right claims and involved the correct and all the relevant legislation in the light of the facts of the case. This is my conclusion at the end of PC, please have a look . Please note that this is not the final version and there will be final edit and also this is the part where I was sleep deprived ... Words in italics and underlined are not part of the PC, just for pinpointing something for the forum's use


    '' 21. The events described in paragraph 2-8 and 12 the sexual harassment instances happened during a period of few months before I was moved out of the company shop at (address of shop) due to raising formal grievance. It is very difficult for me to pinpoint exact dates, as they were frequent and I haven’t been taking notes . However, they are part of a constant campaign and are interconnected and lead to all the later, more recent events, part of my claim. Based on that, I am asking the court to take them into account as continuing acts or give me the opportunity to argue that I am able to do so during the court process, as this would be just and equitable as under the Equality Act 2010 . I have used all my legal options - informal complaints, raised formal grieving, used ACAS early conciliation, appealed to grieving procedure and waited for results of appeal. I submit my claim in a very short time after I have received the results of the formal grievances appeal process, although I am self representing myself. In light of the legislation and relevant law precedents I believe I shouldn’t be punished for exhausting all my options for resolving the issues with the company


    22. The events described in paragraphs 2-11 amount to sexual harassment, with paragraph 12 is encouraging and leading a customer to instigate sexual harassment as well. This is covered in the Equality act 2010

    23. Events in paragraph 14 amount to harassment and victimisation (the verbal attack of the shop manager where she was shouting and screaming to the claimant in front of customers '' , while 14.4 amounts also to racial discrimination ( the part where she says her complains are overreaction and if she was born in UK she would find all these normal and laugh them off ) , both covered under the Equality act 2010

    24. Failure of (name of company) to conduct proper investigation as described in paragraphs 17-20- not investigating many of my complaints, not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation in appropriate and sufficient manner etc. has led to awarding accused employees with impunity for their unprofessional and unlawful behaviour and amounts to failure to remedy the situation for me in just and fair manner. Therefore I believe it constitutes of victimisation, as covered in the Equality act 2010 .

    25. The point raised in paragraph 24 has created a situation where the company is excusing itself from implementing measures to avoid repeating the same breaches of the law by its employees at the shop in question or any of its other shops. There could have been appropriate disciplinary actions, mandatory racial and harassment awareness courses to protect any future new employees of the shop in question

    25. Being litigant in person and due to the short time I had to prepare my case, I respectfully reserve the right to amend this claim in accordance with court rules''
    End of PC


  2. #42
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    Default Re: Employment tribunal

    Please disregard my previous comment, as I just edited the paragraphs in question. The updated version is the following :

    '' 21. The events described in paragraph 2-8 and 12 (earlier sexual harassment instances) happened during a period of few months before I was moved out of the company shop at .......... due to raising formal grievance. It is very difficult for me to pinpoint exact dates, as they were frequent and I haven’t been taking notes in the belief that this situation will improve. However, they are part of a constant campaign and are closely connected and lead to each other and all the later, more recent events, part of my claim. Based on that, I am asking the court to take them and any other events, which might not be into the usual 3 month period into account as continuing acts or give me the opportunity to argue that I am able to do so during the court process. I am claiming this, as this would be just and equitable as under the Equality Act 2010 . I have used all my legal options - informal complaints, raised formal grieving, used ACAS early conciliation, appealed to grieving procedure and waited for results of appeal. I submit my claim in a very short time after I have received the results of the formal grievances appeal process, although I am self representing myself. In light of the legislation and relevant law practice I believe I shouldn’t be punished for exhausting all my options for resolving the issues with the company

    (paragraphs 22-27 below are the conclusions I derive from the final incident with the shop manager. The event in question is this :

    14. On 06 March 2018 I was verbally attacked by shop manager name .

    14.1 She was shouting and screaming at me in front of the shop customers for at least half an hour, until I broke down in tears and retreated to the staff kitchen. After that she followed me there and continued with the harassment. This was very degrading, humiliating and scary experience.

    14.2 The reason for this attack was that she was informed by staff member name that I shared my disappointment with him for not being informed by her about changes of my Saturday shift. I was simply told to go home early on that day without prior warning.

    14.3 During that ordeal I asked her why she is shouting and if the Saturday shift was the only reason for that. To which she replied in the sense that it was a build up and that I am always complaining. Upon asking her what I complain so much about she replied that it was my complaints about the behaviour of my colleagues (note : the sexual harassment instances) . She said that I make her deal with them personally, instead of dealing with them myself. She said I have a day off and coming next day to work I have to deal with your complaints. Then I asked if she has dealt with any of those complaints to which she replied ‘’ I don’t have to tell you about shop staff name . It’s been dealt with ‘’ No reply about my other complains involving other shop staff.

    14.4 Then she added that ‘’ They are forced to behave differently around you, that is their best behaviour. We have so much fun, jokes and laugh, when you are not around’’. She also said that all those were jokes and if it happened to her or another woman they would laugh them off. She said that my reaction is probably caused by me growing up in a different country.

    14.5 During this verbal attack she also offered me to be moved to another shop. Later she admitted it was so her friend name of friend who is working in other shop of the company in the area can come to work instead of me.

    )

    22. The events described in paragraphs 2-11 amount to sexual harassment, with paragraph 12 is encouraging and leading a customer to instigate sexual harassment as well. This is covered in the Equality Act 2010

    23.I believe events in general in paragraph 14 constitute harassment by the shop manager [name]

    24. Paragraph 14 amounts to victimisation as well, as it was obvious from the paragraph that my complaints were not acted upon in appropriate manner/not acted upon at all by the same manager.

    25. Paragraph 14.4 amounts also to racial discrimination as me being born in another country is used as an excuse to invalidate my complaints and not act accordingly upon them.

    26. Paragraph 14.4 points to sex discrimination as well, because it is implied by the shop manager [name] that specific gender ( females) shouldn’t be offended by the events in question and would just laugh them off. No gender should be subject to this treatment

    27. The claims made in paragraphs 22-26 are all covered by the Equality Act 2010

    28. Failure of company to conduct proper investigation as described in paragraphs 17-20- not investigating many of my complaints, not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation in appropriate and sufficient manner etc. has led to awarding accused employees with impunity for their unprofessional and unlawful behaviour and amounts to failure to remedy the situation for me in just and fair manner. Therefore I believe it constitutes to victimisation, as covered in the Equality Act 2010 .

    29. The point raised in paragraph 24 has created a situation where the company is excusing itself from implementing measures to avoid repeating the same breaches of the law by its employees at the shop in question or any of its other shops. There could have been appropriate disciplinary actions, mandatory racial and harassment awareness courses to protect any future new employees of the shop in question

    30. Being litigant in person and due to the short time I had to prepare my case, I respectfully reserve the right to amend this claim in accordance with court rules

    ''


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  3. #43
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    Default Re: Employment tribunal

    I am also going to include in the remedy a request for court to give her permission to ignore any potential confidentialityicon clauses so she can raise public awareness of failing of company in the case. This is to ensure company is encouraged further to take appropriate measures for safeguarding its employees and customers. I can argue this is in the public interest to do so.

    I don't know if I she is allowed to do so. But if she has the legal opportunity to ask for such a remedy, it will encourage the company to be very reasonable in dealing with her case. It is very large company ...


  4. #44

    Default Re: Employment tribunal

    I've removed a couple of names from your document. Thank you to Emmzzi for spotting that.


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  5. #45
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    Default Re: Employment tribunal

    Quote Originally Posted by honeybee13 View Post
    I've removed a couple of names from your document. Thank you to Emmzzi for spotting that.


    HB
    Thank you


  6. #46
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    Default Re: Employment tribunal

    Quote Originally Posted by Ayho View Post
    Please disregard my previous comment, as I just edited the paragraphs in question. The updated version is the following :

    ''

    27. The claims made in paragraphs 22-26 are all covered by the Equality Act 2010

    28. Failure of company to conduct proper investigation as described in paragraphs 17-20- not investigating many of my complaints, not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation in appropriate and sufficient manner etc. has led to awarding accused employees with impunity for their unprofessional and unlawful behaviour and amounts to failure to remedy the situation for me in just and fair manner. Therefore I believe it constitutes to victimisation, as covered in the Equality Act 2010 .

    29. The point raised in paragraph 24 has created a situation where the company is excusing itself from implementing measures to avoid repeating the same breaches of the law by its employees at the shop in question or any of its other shops. There could have been appropriate disciplinary actions, mandatory racial and harassment awareness courses to protect any future new employees of the shop in question

    30. Being litigant in person and due to the short time I had to prepare my case, I respectfully reserve the right to amend this claim in accordance with court rules

    ''


    Well done!


    Two points though


    You mentioned the Equality Act but failed to state the relevant section of the Act


    So para 28 should have mentioned Section 27 of the Equality Act 2010


    The shorter version would have been s27 of EqA2010


    The other side would try and say your claim is poorly pleaded because of that


    However, they would be wrong


    There is a legal principle called "Lura Novit Curia"


    Which means "The Court knows the Law" so don't worry about that.


    Finally, you ought to have stated your case in a Chronological manner


    You start with the first event and end with the last


    You don't include your opinions (para 22 - 26)


    The other side would try and seize on this but don't worry about it as the average Judge is lenient


    For, what I have seen, I don't think there is a need to rush to amend your claimicon


    Just get the amendment ready before the Preliminary Hearing though


    A poorly pleaded Claim is NOT grounds for Strike Out (para 29 of Thompson v London Central Bus Company Ltd UKEAT/0108/15/DM)


    However, if you wish to put your mind at rest then you could make an amendment. (you are in best position to make a decision)


    I love your paragraph 30


  7. #47
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    Default Re: Employment tribunal

    Thank you again dondada. I didnt specify exact paragraphs, as to avoid basing her claim on wrong ones by accident.

    I will amend and change it from stating opinion to claiming facts.

    Another thing - claimant thinks it is way too long - it is about 3500 words ... She is worried judge will get bored and decide to not give go ahead of the claim for that reason. I tried to tell her, that it is very unlikely.She wants me to shorten it up last minute. I hope I am the one, who is right here. .

    But on one of her reasons for shortening it up, she is mostly right. There are claims for which she won't have realistic chances of prove -and which I have included in the PC- for example one of the claims is of pornographic figures made out of blue tack and left at work counter, but all staff deny ever seeing anything like that. We are in the process of finding one of the customers, as he witnessed the harassment and verbal abuse from the shop manager. He might have seen the blue tack figures as well, but it is a long shot in the dark.
    BUt on the other side it is part of the story and it shows the general atmosphere st the shop, connects with other things etc. I genuinely don't know what to do - just mention them briefly as background story or still leave them as one of the claims she is basing her case on.


  8. #48
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    Default Re: Employment tribunal

    Also realised that in the explanatory notes it says ''give details'' of ''any evidence it has''. This will raise the total word count to probably 4500 - 5000 words, as the investigation and appeal process has been done in a very messy way by the company, multiple failures on different stages, also contradictory statements etc. Is that word count still ok ?


  9. #49
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    Default Re: Employment tribunal

    Quote Originally Posted by Ayho View Post
    Thank you again dondada. I didnt specify exact paragraphs, as to avoid basing her claim on wrong ones by accident.

    I will amend and change it from stating opinion to claiming facts.

    Another thing - claimant thinks it is way too long - it is about 3500 words ... She is worried judge will get bored and decide to not give go ahead of the claim for that reason. I tried to tell her, that it is very unlikely.She wants me to shorten it up last minute. I hope I am the one, who is right here. .

    But on one of her reasons for shortening it up, she is mostly right. There are claims for which she won't have realistic chances of prove -and which I have included in the PC- for example one of the claims is of pornographic figures made out of blue tack and left at work counter, but all staff deny ever seeing anything like that. We are in the process of finding one of the customers, as he witnessed the harassment and verbal abuse from the shop manager. He might have seen the blue tack figures as well, but it is a long shot in the dark.
    BUt on the other side it is part of the story and it shows the general atmosphere st the shop, connects with other things etc. I genuinely don't know what to do - just mention them briefly as background story or still leave them as one of the claims she is basing her case on.

    I thought you should have sent it by now


    Please watch the dates so that you submit it in time


    Anything she is not comfortable with, I would suggest you take it out


    Why?


    If she is uncomfortable with it now, the other side's lawyer might detect the hesitation during cross-examination


    The lawyer might then dwell on it to damage her credibility


    Finally, read this website http://www.guildhallchambers.co.uk/u...ioncase_SS.PDF


    It gives good tips


    I particularly like the one of schedule of discrimination


    Try and list your own Schedule of Discrimination


    Remember what I said earlier; your Victimization Claim is your strongest case.


    I would suggest you highlight it strongly


    The other side would focus on your weak side


    I know you are angry about the sexual harassment and would like to highlight it


    But you play your strongest player in crucial games


    Your Victimization Claim is far your strongest player and I would suggest you play it greatly


  10. #50
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    Default Re: Employment tribunal

    Quote Originally Posted by dondada View Post
    I thought you should have sent it by now

    We did send it on Monday, that was literally the last day, 29th day after the ACAS certificate. It took me much longer than I expected, as there was many details and company had lots of wrong doing. Her grievance complain was pages long, full with events, appeal was again few pages long full with flaws of the investigation. Then the appeal's decision came and it was 5-6 pages long. So when I was writing the PC I was cross referencing everything and then double checking with her. And she wasn't happy with it, so had to rework some parts. Anyway at the end I had to rush it and it definitely has flaws, but it came to 4500 words and we were out of time and I was exhausted, so I called it a day. May be I shouldn't have included many of the incidents, as there was no proof for them, but felt bad leaving them out and you never know, may be we will stumble upon some proof in meantime - we are looking for one of the customers who witnessed the manager screaming at her. So if we can prove they have lied for some of the things, then for other things for which we don't have solid evidence will be accepted on the principle of probabilities

    Please watch the dates so that you submit it in time

    I am fairly sure it is all good. It was the 29th day after she received the ACAS certificate. Also I claimed the continuing events in PC, as they are closely connected to each other and the following victimisation, as you have advised me. Unfortunately this was one of the things I didn't calculate myself, we just relied o legal advice she took after she started the grievance process. So after I did the calculations myself I realised she has lost about month and half, as she started the ACAS process way too early. Partly because the lawyer told her too early date ( she probably did miscalculate the dates, as it was brief 30 min appointment with lots of things to read ) and partly because my friend was anxious.


    Anything she is not comfortable with, I would suggest you take it out


    Why?


    If she is uncomfortable with it now, the other side's lawyer might detect the hesitation during cross-examination


    The lawyer might then dwell on it to damage her credibility

    I completely agree. I encouraged her to put only the truth and was cross referencing everything, careful with every word I put , as anyway the company lawyers will make everything possible to catch inaccuracies to discredit her and there are lots of events and details. That worked so far in our advantage - her ex colleagues have made mistakes in their statements and company made mistakes too- this makes me excited to read the actual investigation's notes.
    Also I imagine the company's lawyers have better things to do than lose couple of weeks over small case. This would encourage them hopefully to settle early ...

    Her unhappiness was because she thought it was too long and was afraid that the judge might not read it and just not allow it to proceed ...


    Finally, read this website http://www.guildhallchambers.co.uk/u...ioncase_SS.PDF


    It gives good tips


    I particularly like the one of schedule of discrimination


    Try and list your own Schedule of Discrimination

    I tried the link. It doesn't work and gives me 404 error


    Remember what I said earlier; your Victimization Claim is your strongest case.


    I would suggest you highlight it strongly


    The other side would focus on your weak side


    I know you are angry about the sexual harassment and would like to highlight it


    But you play your strongest player in crucial games


    Your Victimization Claim is far your strongest player and I would suggest you play it greatly
    I would do that. You are right, I concentrated on the harassment bit. But over time I find more evidence for the wrongdoings of the company. Investigation has been charade. Few days ago we realised that the person who took her interview after she submitted her grievance complain did so the same day my friend texted her asking fo r information about the investigation. She literally popped in announced the same day at her new work place and invited her to the back room to conduct the interview. She didn't inform her that she can bring work colleague or union representative.
    She still has the text message and we made a screenshot.

    Then about 6 weeks later the person conducting the investigation popped in as well ( also announced and also not telling her she can bring a colleague) to tell her about the outcome. He claimed her colleagues were disciplined, but after my friend asked him for more details, it turned out they haven't been... After she asked for written outcome she received the outcome letter about a week later. Together with another letter claiming she didn't receive the first letter, so he is sending her the same outcome letter for the second time ...


    According to company rules she had to be informed about the stages of the investigation. She wasn't informed anything, despite asking for information - we have the email and text message.

    She asked for reduced hours contract due to the stress from all that is going on. Firstly they ignored her email, month later then agreed, but it still took them another month and half to implement the new contract. So although she signed and send the reduced hours contract a month ago, she is still working full time for another week or so. [/B]


    So that is all for now. Waiting now for the court to respond. Will use this time to rest. Meanwhile I called about 5 no win no fee solicitors, but they didn't even bother to call back. Basically all their receptionists asked was her salary and how long she worked - she doesnt earn much and has been less than 2 years with the company, so her claim is not to their liking, as it will involve work for small reward ...


  11. #51

    Default Re: Employment tribunal

    There is no right to be acompanied to an investigatory interview; only the disciplinary itself.

    There is no right to reduced hours.

    There is no right to know if peers have been disciplined - itís private!

    There seem to be things you think are unfair, which may be so, but that does not make them illegal or unlawful.


  12. #52
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    Default Re: Employment tribunal

    Here is the website

    http://www.guildhallchambers.co.uk/u...ioncase_SS.PDF

    Please make sure you do the schedule of less favourable treatment

    It will greatly assist the Judge

    But whatever you do, highlight the victimization case strongly

    I will say that a thousand times as it is your strongest

    If and when this gets to Disclosure, make sure you ask for the "first outcome" letter

    If there wasn't any, it will put them in a bad position before the Judge

    Whatever you do, highlight the victimization case


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    Default Re: Employment tribunal

    https://www.farrer.co.uk/how-we-help...the-workplace/


    I have just seen the above website
    If and when you do a Discrimination Questionnaires, you could use this as a guide to ask relevant questions
    Remember Questionnaires are no longer mandatory but it is a good idea to ask anyway


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    Default Re: Employment tribunal

    Hi everyone. Just a little update. Case was accepted in full. There is scheduled preliminary hearing over the phone in middle of September. Meanwhile before company was aware of the legal action taken, my friend had a disciplinary hearing for 2 mistakes she had at her work- one recent and one from 2 months ago. That seemed odd, as from what I understand these mistakes are very common and of small value. She first had initial interview about those with area supervisor and concluded it is all done and gone, but later on received a lettericon inviting her to a disciplinary hearing. The letter talked of these mistakes as gross misconduct, but the consequences outlined were warning or final warning. She went to the disciplinary few days ago and waiting for the results of the investigation. Personally I am very suspicious that this was part of effort to get rid of her after her superiors believed the investigation about her complaints was concluded. But I will wait for the outcome of the investigation before it gets included in the claim as part of the victimisation claim.


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    Default Re: Employment tribunal

    Emmzzi wrote :
    There is no right to be acompanied to an investigatory interview; only the disciplinary itself.

    There is no right to reduced hours.

    There is no right to know if peers have been disciplined - it’s private!

    There seem to be things you think are unfair, which may be so, but that does not make them illegal or unlawful.
    Thank you. Yes, I checked those now. Seems unfair, but you are right.
    Is it better to take these claims out of the court claim if/when I amend the claim or just leave them in ?


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    Default Re: Employment tribunal

    Quote Originally Posted by dondada View Post
    https://www.farrer.co.uk/how-we-help...the-workplace/


    I have just seen the above website
    If and when you do a Discrimination Questionnaires, you could use this as a guide to ask relevant questions
    Remember Questionnaires are no longer mandatory but it is a good idea to ask anyway
    This is very good website, thank you again dondada. It has lots of other useful information.
    Btw there are few days left, but still don't know of any response from the company's solicitors to the claim.

    My friend was approached by one of the company's high level managers, asking for a meeting to see what the company can do to rectify the situation. I don't think they are worried about the court case, but more of it going public and damaging the reputation of the company. I suspect that because he is very high up manager and also I included in the claim request for the court to remove any gagging clause in her contract ( there aren't any), hinting that she wants to go public.

    I advised her to say that if the company is really trying to rectify the situation to ask for the company to accept the claim and negotiate a settlement.

    On another positive note my friend managed to find a witness for the day when her manager was shouting and screaming at her. I don't know if he heard everything, but he is happy to confirm that she was harassing her, something the manager and the deputy have been denying. So this will greatly diminish their credibility, show they have been working in a team to discredit her and also assist greatly her harassment and victimisation case.

    My friend also heard that the shop in question is going to be closed soon. This is highly profitable shop and I am very suspicious that it is done to reduce the damage that can occur from the case going public. My question is : if the company decides to settle what kind of compensation to seek ? Obviously a solicitor's advice is needed and will be taken, but it will be good idea to have amount in mind, as the case might settle quickly.

    To summarise the claim is about months long campaign of sexual harassment from multiple employees, inaction from the manager to stop that campaign, which turned out to have racist bases ( claiming if she was born in UK she would just laugh about those), episode of half an hour verbal abuse by the manger in front of customers. Then company's multiple failings to investigate properly, depriving her of key evidence ( CCTV not obtained), ignoring evidence (employee chat ), siding with the harassers, not sending outcome of investigation, pretending they have sent outcome of investigation, but it got lost somewhere, just popping in casually without prior notice for interview and to inform about outcome of investigation . The company also braked its own rules and its own grievance procedures.

    I believe there was attempt from the company to fire her, as shortly after the grievance finished she was questioned about minor technical mistakes she did at her work ( one was 2 months old and another recent one). She confirmed she did these mistakes . These mistakes happen often in her kind of work and happen to all the employees. But then she was asked to come to an disciplinary meeting and the letter sent to her talked about these as gross misconduct. This letter was received before the company knew of the ET case. At the meeting however the company already knew of ET case and she received no disciplinary whatsoever.

    My friend had psychological problems for months now due to the stress from harassment and following investigation, grievance and court case.

    My friend has been having psychological problems for months now due to harassment and the following events. Sleep problems, anxiety etc. She went to see the gp months ago and he described it as depression. Since then she hasn't improved much, but is very reluctant to go to gp again. I think she is irrationally afraid of being diagnosed and treated for psychological disorder. I know this is silly and not helping her health, but it is her life ...


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    Default Re: Employment tribunal

    Quote Originally Posted by Ayho View Post
    This is very good website, thank you again dondada. It has lots of other useful information.
    Btw there are few days left, but still don't know of any response from the company's solicitors to the claim.

    My friend was approached by one of the company's high level managers, asking for a meeting to see what the company can do to rectify the situation. I don't think they are worried about the court case, but more of it going public and damaging the reputation of the company. I suspect that because he is very high up manager and also I included in the claim request for the court to remove any gagging clause in her contract ( there aren't any), hinting that she wants to go public.

    I advised her to say that if the company is really trying to rectify the situation to ask for the company to accept the claim and negotiate a settlement.

    ...

    The company would NEVER accept the Claim

    You could ask them to submit a No-Contest but I still don't think that would happen

    My suggestion is that you do all negotiation via ACAS

    The company would, most likely, ask for a gagging clause

    You would have to decide what you want

    Your friend is already stressed, do you want to continue?


  18. #58
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    Default Re: Employment tribunal

    Quote Originally Posted by Ayho View Post
    My friend also heard that the shop in question is going to be closed soon. This is highly profitable shop and I am very suspicious that it is done to reduce the damage that can occur from the case going public. My question is : if the company decides to settle what kind of compensation to seek ? Obviously a solicitor's advice is needed and will be taken, but it will be good idea to have amount in mind, as the case might settle quickly.

    ...

    If the Company wishes to settle, they will come up with a figure

    At that stage, you could ask a solicitor to help with the negotiations

    I remember you couldn't get a no win no fee lawyer?

    Once you get to the negotiation stage, you tend to get lawyers who are interested

    They will come up with a realistic assessment but you could lose a bit

    I would suggest you wait until you get to that stage


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    Default Re: Employment tribunal

    Quote Originally Posted by Ayho View Post

    I believe there was attempt from the company to fire her, as shortly after the grievance finished she was questioned about minor technical mistakes she did at her work ( one was 2 months old and another recent one). She confirmed she did these mistakes . These mistakes happen often in her kind of work and happen to all the employees. But then she was asked to come to an disciplinary meeting and the letter sent to her talked about these as gross misconduct. This letter was received before the company knew of the ET case. At the meeting however the company already knew of ET case and she received no disciplinary whatsoever.


    ...

    This is potentially a further case of victimization

    I would suggest you write to the ET and add it as another victimization incident (event)

    The sooner the better

    Have you amended the original ET1?

    I remember it wasn't perfect then

    I accept it can never be perfect but you must have seen little mistakes and have researched more since then?

    Best of luck


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    Default Re: Employment tribunal

    The additional complaints may be dealt with as a separate claim at this stage, not least given you will need to involve ACAS in relation to this complaint before you can then lodge a claim in the Tribunal (and thereafter seek to join the two claims).

    ETA - also does your friend have house insurance?


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