Is not a major problem Dee, I would just email the manager hearing your appeal back and explain you have decided to bring a union rep with you to the appeal hearing and you are waiting to hear back from the rep on whether s/he can attend on 8th. Have you heard back or spoken to the union rep yet? would be really good if you can offer the manager a few alternative dates and times in your email, but not to worry if you cannot do that at this stage. DJ

You can reject their proposed date for the appeal hearing on the grounds they have not given you enough time to arrange for your union rep to attend. I suggest that when you do speak with the union rep, try and arrange a date and time in the near future that would be suitable for both you and the rep and also give you enough time to bring the rep up to speed on what has been happening. Do not allow management to bullying you into their timetable, this has to be a fair process for all and I suggest it is crucial that you have a union rep there with you. DJ

Dee, Good that you have had a date although it could be argued this does not give you enough time to prepare, although I understand you want to get this sorry mess dealt with and to move on. Looks to me like they want to get the appeal hearing out of the way in order to move onto the investigation meeting which could indicate they have already made their decision about your appeal and the short notice could be deliberate to avoid you having the opportunity to arrange for a support person to attend the appeal hearing with you. Have you given any further thought to having a friend or family member attend the appeal hearing as your support person? DJ

Excellent, Thanks Ibruk, I understand now. The second issue is with my claim for disability discrimination for failure to make reasonable adjustments. In my ET1 claim form I identified the claim as being "The grounds of my claim for discrimination are that someone suffering from a non mental health condition would have had a risk assessment immediately with prompt adjustments being made. I suggest the reasonable adjustments that could have been made would have been (i) training for my line manager in how to manage someone with a mental health condition. The effect would have been him being able to recognise the symptoms of my condition sooner and take action to relieve these symptoms. (ii) provision of a buddy with whom I could meet on a regular basis to discuss work and the effect it was having on my condition." At the cmd in September I identified the pcp as the respondents failure to carry out a risk assessment when they became aware of my condition despite several periods of sick leave due to my condition. The judge said this could not be a pcp. So I struggled to identify the pcp but finally came up with a policy requiring me to attend a separate meeting to identify what would be required in order for me to achieve a grade 4 performance grade at my next annual performance review. This put me at a disadvantage because I could not understand why there was a need to hold a separate meeting despite requesting clarification from the respondent. I identified the reasonable adjustment as to hold one meeting to hear my grievance and discuss my grade 4 guidelines. However the respondent in their list of issues are saying the claim I have identified in my document and further particulars does not relate to the claim in my ET1 and therefore they consider the claim is no longer pleaded. Am I not entitled to plead a different pcp in the document of better and further particulars as my previous pcp had been rejected by the judge? Any comments advice appreciated. DJ

Dee, I agree they could have informed you of the decision to wait for the outcome of the appeal before moving forward with the investigation meeting, but unfortunately this type of behaviour is just part of the course. Perfect timing the employee turning up when they did and saying they were going out for some lunch, hold onto that one for your investigation meeting when it finally happens. Have you been given any indication on when the appeal hearing will be heard? DJ

Candy42, It has been a rough ride for me and I very nearly pulled out of the game a couple of weeks ago it was having such an effect on me. Luckily though some of the people on here helped and supported me through my period of crisis and I am back fighting fit and ready for them. For me personally this is a fight I must see through to the end in order to get some type of closure and move on regardless of the outcome. If I did not see it through to the end, I would always be left with a feeling I had dropped out without getting closure and it had all been for nothing. Glad to hear you have kept copies of emails etc to support your case. I suggest you get onto arranging for someone to attend the grievance hearing with you as it is very difficult to remember everything that was said after the event if you were there alone. Stay strong. DJ

Ibruk, I get the meaning of harassment and have given several examples of it. But the respondents solicitor are trying to have this argument thrown out because I have not indicated how it is connected to my disability. It is the linking of the incidents to my disability I am struggling with. DJ

Candy42, It is certainly not good practice to cc one of the people you have complained about into an email response from your manager. This is I suspect a deliberate act to intimidate you, though not sure if he has actually broken any rules here. Suspension in legal terms is seen as a neutral act to allow the employer to investigate an allegation with the employee making the complaint interfering. However I have not heard of an employee being suspended following the submission of a formal grievance. What reason was given for your suspension? So you have raised the matter informally with your manager before going on annual leave, but it seems nothing has been done about the situation and the bad behaviour has continued. In my humble opinion you were therefore left with no alternative but to raise a formal grievance as you did. I have been through what you are now experiencing although I was not suspended after submitting the grievance and the feelings you are experiencing are completely normal. My grievance was against my line manager for the same reasons as yours, creating feelings of inadequacy and undermining your confidence. It sounds to me as though these two characters are intimidated and feel threatened by you and thus why they react by belittling and undermining you. Your manager I suspect is well aware of these two characters and will have had issues with them before, but basically does not want to be bothered investigating or taking action against them. I strongly suspect you will find others have had problems with and complained against these two in the past. Although unpleasant and unexpected, I suggest you use your period of paid leave to put down in writing all the problems you have had with these two characters. Be as specific as possible with dates, times, who said what, any witnesses. Your manager should be writing to you shortly inviting you to a grievance hearing and this will be your opportunity to put across your grievance, so be prepared. The other thing I would strongly recommend is that you arrange for a colleague, or union member if you have one to attend the grievance hearing with you to make notes of what is discussed. Also keep reminding yourself that you have done nothing wrong here. In fact you gave your manager the opportunity to deal with these two characters informally and he apparently has done nothing. Therefore you have been left with no alternative but to submit a formal grievance. You are doing the right thing by standing up to these bullies and although they will never admit it, I suspect many of your colleagues will be glad you are taking the action they have never had the confidence to take. Stay strong and continue to make use of this excellent forum. There are some fantastic people here who are only too willing to help when they can and I know there is no way I could have coped through my ordeal without them. Good luck DJ

Thanks Ibruk, I am still struggling with connecting the act of harassment to my disability of depression and or personality disorder. Could it be that my manager acted in an aggressive and intimidating manner in front of my colleagues creating an environment that was degrading, humiliating and humiliating for me because he knew of my disability and the effect his behaviour would have on me? DJ

Thanks Ibruk, The respondent is suggesting my claim for harassment should be thrown out as apparently I have not properly indicated how the events I am claiming as harassment are related to my disability and I don't understand this point. For example: One of the events I have complained about is when I sought clarification for something from my manager and he responded in an aggressive and intimidating manner in front of my colleagues thus creating an environment that was degrading, intimidating and humiliating for me. But I cannot see how this would link to my disability. Any comments suggestion or guidance welcome. DJ

crm84, So sorry to hear about the problems your mum has been having. Personally I would contact the member of HR with whom your mum made the agreement of a phased return to work and update them on what has been happening. With the annual leave issue, she is still entitled to her full annual leave entitlement and this should be unaffected by the fact she was off on sick leave. Again I would advise you confirm this with the member of HR. Unfortunately there is no law against managers having a perceived attitude problem. I appreciate how difficult it is when you do not get paid on the day you were supposed to, but ringing around different people expecting them to sort it out immediately will not help. It might be a good idea for your mum to speak with her bank and explain the situation to them about wages, emphasising this is a temporary problem and putting an overdraft facility in place so she can avoid further bank charges. I suggest your mum choose one person to deal with all the issues and that could be as I have suggested the person from HR. That way you do not have 2 or 3 people working to try and solve the same issue and quite possibly making it worse. The person from Hr is well placed to address all of your mums concerns, although they may not get resolved as quickly as she might want. The only really thing that matters in all of this is your mums health. Did she consult with her Dr about going back to work? I know from personal experience the temptation to get back to work is very strong after having a period of sick leave and all too often people go back before they are ready. I am not saying this is the case with your mum, just something for her to think about. SOrry I cannot provide you with more legal advice as I am not qualified, but they are some fantastic people on this forum with the right skills and knowledge to help your mum get through this. Most important is that your mum looks after her health in the meantime. Good luck DJ

Hi All, In need of some advice please. I have today received a list of issues from the respondents legal team in anticipation of the cmd listed for 1 hour on Thursday 15th November. The list of issues starts by pointing out that the respondent has omitted issues argued in my further and better particulars document that were according to the respondent not argued in my ET1 claim form. Under the heading of constructive unfair dismissal the respondent goes on to list a number of events that I have claimed both in the ET1 and document of further and better particulars and asks in question 1 did these events occur? In question 2 they have asked If so did these events individually or cumulatively amount to a breach of the implied term of mutual trust and confidence? Question 3 asks should the claimant be regarded as having waved any breach that he may prove my reason of delay in resigning until 6th June 2012? Question 4 asks did the claimant resign his employment on 6th June 2012 by reason of any breach of contract on the part of the respondent? Question 5 asks if the claimant was dismissed, can the respondent establish a potentially fair reason within the meaning of S98(2) Employment Rights Act 1996 for his dismissal, namely: a) some other substantial reason (the breakdown in the working relationships between the respondent and the claimant) b) capability c) misconduct Question 6 asks, was the claimants dismissal fair having regard to the factors set out in s98(4) ERA 1996? Question 7 asks, did the claimant contribute to his own dismissal Question 8 asks, would the claimant have been dismissed in any event for some other substantial reason and/or capability and.or misconduct? My question is am I required to make any form of response or amendment to the list of issues before the cmd on 15th November?

Amanda, I realise this is a very stressful time for you and you must be worried sick about the prospect of losing your job. However, if you want people to help you on here you need to be much clearer in your explanations and answers to questions. Eg."a tunnel pass is from one side of the water to the other." Now no doubt this makes perfect sense to you, but to someone who does not even know what type of job you do it means very little. Now I still feel quite strongly that your employer is trying to get rid of you as a direct result of you submitting an informal grievance against your supervisor, in legal terms this is called victimisation and in order to avoid having to pay you redundancy money in January. Therefore if they do sack you without very good reason including providing proof you claimed for overtime hours that you did not work, you may be able to submit a complaint to an employment tribunal for unfair dismissal and victimisation. But that is all in the future. Most important now is to concentrate on getting ready for the disciplinary hearing next week. Firstly have you arranged for either the union rep or a colleague to attend the hearing with you? What evidence do you have to prove you worked the hours that you are claiming for? Has there ever been a discrepancy or questions over overtime hours claimed against you before? Was it always you the supervisor came to when he had a question or there was a discrepancy? If so is there are reason for this? eg you are the most senior? It is really important to be prepared for the hearing next week and please do not bring up things about what other people did or did not do, it is almost never helpful. DJ Can you tell us in plain english what type of work you do.

Amanda, What exactly were the events that lead up to you going on sick leave in June? Your partner was suspended for claiming too much overtime and not for the alleged complaint? DJ

Amanda, Are you saying the same supervisor you complained about called your partner back in June and told him there had been a complaint against him. Nothing was done about this and your partner continued working there until you returned to work from a period of sick leave in October when you were suspended for the overtime allegation and at the same time your partner was suspended for the complaint made back in June? Leaves the obvious question why did they wait for 4 months to suspend your partner over an alleged complaint made back in June? DJ

Good plan dee, I strongly recommend you contact the investigating manager and ask if you can bring a friend along to the investigatory meeting as a support person. Good luck DJ

san_d, I have no idea about what would happen in Europe, however an employer in the UK would consider that gross misconduct and have the right to sack you on the spot. Personally I think it is never worth the risk as you will always have this hanging over you and wonder if they are ever going to find out. Much better to be up front and you never know the employer may take a sympathetic view. DJ

Dee, No need to apologise, you have very good reason to complain. The way you have been treated is disgusting. Technically it should be a union rep or work colleague. I was in the same position as you in that I did not have a colleague I could trust so they allowed me to bring a friend. Is worth contacting the investigating manager and asking if they have any objections to you bringing a friend to the investigation meeting. In my opinion this is a clear case of victimisation. Action by your employer in response to your having submitted a formal grievance. It will be very difficult for them to take dismissive action now when your manager has known all along you were sometimes leaving the building and exactly why and if they do it will only serve to further strengthen any potential legal action you may take against them. Personally, I think you should think about what you want to happen. Do you want to put this whole sorry mess behind you and be transferred to another office, or do you want to take legal action? Is a tough decision to make and we are all here to support you in whatever you decide. But it is only you can make the decision that is right for you. DJ

No family or friends who could attend? Didn't you tell us before your manager was aware you were going out at lunch time and never made an issue of it before? DJ

Amanda, In my opinion this sounds a lot like victimisation because you submitted a grievance and they are trying to get rid of you now and avoid having to pay you redundancy in January. Do you have a union at your work? If so I suggest you get in touch with them about representation at the investigation meeting next week. If you don't have a union, I suggest you start thinking about a work colleague to attend the meeting with you. This is a statutory right and the company cannot refuse your having a support person. DJ

The employment claim form must be submitted within three months less 1 day from the last act of discrimination. Some of the more legal minded on here will be in a better position to advise, but I believe the outcome of the hearing would be the last act of discrimination and if they do go for dismissal, you may also have a case for unfair dismissal. If they do not dismiss, you may also have a case for constructive unfair dismissal which would mean you resign and claim this was due to your employer making a fundamental breach of contract. One more thing, do you have someone to go to the investigation meeting with you? Is always a good idea to have someone with you and you have a statutory right to this. However as I say some of the more legally minded caggers will be in a better position to advise. Stay strong. DJ

Hi Dee, Sorry to hear you have been suspended. I agree with Emmzi on this one. Do nothing until you know the outcome of the investigation. If they go for dismissal then you have a strong case for disability discrimination, otherwise you request a transfer to another office. Stay strong, this will be over soon. DJ

Amanda, Can you prove you were at work during the overtime hours you have claimed for? One way of proving could be emails you sent during your overtime or files you were working on and saved. DJ

HI Sirbob, In my opinion and based on experience there is nothing to be gained from submitting a complaint against your husbands former manager. Management often take the approach of never admitting or apologising for anything as that may make them liable for a claim. A complaint will almost certainly get their backs up and what would you hope to achieve? I realise it may seem a hassle to contact HMRC to get a refund of overpaid tax, though in my personal experience if you call the HMRC helpline they are quite knowledgeable and efficient at sorting these things out. Really is not worth the hassle. DJ

Hi Amanda, Sounds like this could potentially be victimisation due to you submitting a complaint and could also be the company attempting to get rid of you now rather than in January to avoid having to pay you redundancy. Can you tell us a bit more about the allegations against your overtime claims? DJ