Hi Azza72, The answer to your question is yes you would be able to claim JSA after the temporary contract ends. Something that I did not know that will not apply to you but may be helpful to someone else is that if someone resigns from a permanent job for reasons of bullying or harassment making it impossible for them to continue their permanent job, they are able to apply for benefits and would be exempt from the 26 week rule of no benefit entitlement. I resigned back in June and submitted a claim to employment tribunal for unfair constructive dismissal and disability discrimination, but did not apply for benefits as I believed I would not be entitled. Following a conversation with an advisor at my local jobcentre I learned that I was entitled to claim from the date I resigned because I had been forced to leave. I have been through the stress and anxiety you are now experiencing and from personal experience am glad you are considering leaving your job, even though there is an element of risk. Something I learned the hard way is our health must always come first and no job is worth getting so unwell over. Wish I had of known this sooner. Good luck in your decision DJ

Hi Nataor, Looks like this supervisor is really digging around and trying very hard to find reasons to dismiss you. However coming up with reasons is not enough to actually dismiss you, they must come up with evidence to prove their allegations. No matter how hard they try, it is impossible to prove you did something you have not done. Looks like when they suspended you they did not have reason enough to do so, thus why they failed to inform you of what you were being accused of, they did not know themselves. So now they are on a mission to dig up as much dirt on you as possible. In my personal opinion there are 2 ways for you to approach this: 1) Fight for your job and make it as difficult as possible for them to dismiss you. It seems to me that they are on a mission to get rid of you and even if they do not succeed in digging enough dirt on you to dismiss, they will be watching you like a hawk just waiting for you to make a mistake or a reason for them to dismiss you. Trust me I have been through this and it makes for an extremely unpleasant place to work, causing you even more stress and anxiety until eventually they do find some reason to dismiss you or you cannot take it anymore and leave. 2) Go into this meeting tomorrow and allow them to throw their accusations at you which you of course deny if appropriate and if they do dismiss, you can submit a claim to the employment tribunal for unfair dismissal. Even if they do not dismiss, you can resign claiming they have made a fundamental breach of the implied term of mutual trust and confidence and submit your claim to the employment tribunal for constructive dismissal. Personally I cannot see how this relationship can be repaired and unfortunately it is therefore up to you decide whether you are willing to put up with this type of behaviour and cause you untold stress. I realise this may seem drastic and you may love your job and just want to find a way to stay, but unfortunately if they cannot find a reason to dismiss you, they are going to make things so uncomfortable for you that you eventually are forced to leave. DO you know what the reasons for suspension they are telling your colleagues? It is bang out of order that they have not given you any notification as to what you are being alleged to have done. Have you arranged to have a colleague attend the meeting with you? DJ

Hi All, In preparing for the cmd on 15th November I have been going through my notes from the previous cmd back in September and one of the things that was discussed is judicial mediation. Has anyone had experience of this or know what it involves? DJ

Alex, For information about what your employer can and cannot do it should be written in your contract, so personally I would have a read of that first. On the overpayment, have you asked them to check that you have actually been overpaid for 3 months? DJ

san_d, I have not seen anything written by nataor to suggest they are saying anything derogatory about non British managers and your comment is neither necessary nor helpful in my opinion. DJ

Jumbo, I realise this is easy to say but hard to take on board, try not to worry too much. It looks like he is making a big deal about you leaving work the other day to see the dentist, but you had permission from the area manager. This manager of yours sounds like an egocentric little boy have a temper tantrum because he did not get his own way. I agree with Coniff, get that grievance letter in asap. The way they treated you was diabolical and can in no way be justified and it sounds like their sickness policy is ridiculous. If I have understood you correctly you must come into work for the start of your shift and then cover will be arranged by the manager to allow you to go home. So what if someone has a serious accident or heart attack? Is this sickness policy written in your contract or where did it come from? DJ

The respondent have written an email to the tribunal service and copied me in. Their letter refers to a second letter sent by the court to confirm the PHR on 30th January 2013. The PHR was set at the first cmd for the purpose of the EJ deciding whether I am disabled or not on the assumption the respondent did not concede upon receipt of my medical records. However the respondent have conceded that I am disabled and in their email to the tribunal they have pointed the PHR is no longer necessary and asked they remove it. The respondent has also pointed out the dates set for the full hearing have been listed to be heard by a judge sitting alone and as I have claimed disability discrimination the hearing must be heard by a panel. This I believe is good news that they are asking the court to cancel the PHR as I had believed they would want to list a PHR to attempt to have my claims for harassment and victimisation thrown out as they claim I did not include them in my ET1 claim form. Looks they will try to have them thrown out at the cmd on 15th November. However I am ready for them and will be well prepared to defeat their argument. DJ

Beatrixx, Sorry to hear of your circumstances. I agree that this is not a healthy environment for you to be in and you will be much better off finding another job where you will be appreciated and encouraged to progress. I found myself in a similar circumstance at my previous job where the first few months it was all you are doing well, we are pleased wth your progress until I started to feel more comfortable and confident within my role and then my manager turned on me and became a bully. The important thing to remember about these people are they are sad, lonely pathetic and insecure individuals who in my case did not have any control at home so came to work throwing their weight around and pushing people around. Sounds to me that you too are doing too well within your job and this manager feels threatened by you and your abilities so they are picking at silly things to belittle and undermine you. They will never change no matter how high up the chain of command you go because the big corporations cannot afford to admit they have a problem with bullying in their organisation, so they will just lie and twist things to make you out to be the written apple and management have done nothing wrong. Keep in mind this is nothing to do with you and says so much about this so called manager. You are worth and deserve so much better than this, so please take the necessary steps to move on and leave this pathetic little being to get on with it. Stay strong DJ

Hi Nataor, Sounds like this Latvian manager is picking use off one at a time to get rid of and replace with her friends and you are next on the hit list. The important thing is to keep written records of everything that happens or is said. You have the right to know what you are being accused of in order to prepare a defence in advance of the meeting and the fact she has refused to let you know definitely does not reflect well. If the allegation against you is theft, make sure you ask for the dates you are alleged to have stoled from the company, details of any alleged witnesses to the theft, exactly what you are alleged to have stolen. Remember you have truth on your side and even if this manager does sack you, the opportunity will be for you to take a case for unfair dismissal. In preparation for the meeting on Friday I suggest you have a read of the ACAS code of conduct which outlines how the manager must behave and what is expected of them in dealing with your case, just google acas code of conduct and you should have no trouble finding it. The other important thing is not to get annoyed or angry and give them another excuse to sack you. I know this is really difficult to do and they will likely try to wind you up to get a reaction, but just remain calm and tell the truth and calmly ask them for as much detail as possible of their allegations. Sounds like a horrible place to be working and personally I think you should start looking for something else even if it turns out this manager is not trying to sack you. Under similar circumstances I decided to stay and fight my manager and ended up becoming very ill which really is not worth it. Keep us up to date with developments and remember you have a wealth of knowledge and experience on the forum here so make use of it, ask questions, or even come on just to have a bit of a rant. Stay strong DJ

Professional1964, Thank you for your kind words of support and encouragement and sorry to hear about your case. Was right for you to end your case and I understand what you mean about twisting and the lies, real chancers. It almost got too much for me as well and I very nearly pulled the plug on the whole thing. Of course I will keep use updated as things progress. DJ

I have received a letter from the court today and the second case management discussion will be heard on 15th November at 3pm. We have 3 weeks to prepare. DJ

Will continue to fight my battle myself after my experience with a solicitor. Have almost completed a first draft of my statement and am well ready for them at the cmd, still no word on when that will be though. DJ

Well done Mark for standing up to them despite the union rep letting you down. Hold on to that and feel proud, that no matter what the outcome you stood up to them and said I will not be pushed around or allow this to be whitewashed. DJ

RCT40, I think it may be a bit too soon to jump to conclusions. Could it be that he needs to be sure someone is on duty having given the other 2 days off? DJ

Anyone got any ideas on the questions above re bundles? DJ

Winewine, Some of the more legally qualified caggers will be in a better position to advise on this, but my personal feeling is you may have grounds for resigning and claiming constructive dismissal. This means that in fact you resign, but it is treated as dismissal by the employer because they acted in such a way that made it impossible for you to continue in employment with them. I do know constructive dismissal has the reputation of being extremely difficult to prove, but my thought process here is you are being treated unfairly by your work colleagues, you have reported this to senior management but they have failed to do anything about it and now having sought other employment elsewhere they are refusing to allow you to take up the new employment by insisting you work a 3 month notice period, in full knowledge of the difficulties you have been experiencing. Would be interested to hear the thoughts of the more legally minded on the forum. Second option might be to consider a compromise agreement. DJ

Two quick question please, 1) Normally how long before the trial are both parties ordered to exchange documents? 2) How long before the trial is the bundle normally completed? DJ

So it is all about being able to afford a top notch barrister (not an option for me) or being really well clued up and have done your preparation thoroughly? Have to say though it may be the exception but the EJ we got on our first cmd was very patient and helpful, taking her time to make sure I understood everything that was going on and actively taking steps to help me identify the pcp without actually giving me the answer. DJ

Excellent, Thanks for the heads up Billyboy, that is really helpful. DJ

Actually the judge indicated at the last cmd that the trial hearing date could be set for January. Will get a start made on the statement, though I suspect having conceded disability if they do not manage to convince the EJ at the next cmd to list a PHR they will then be very keen to enter negotiations to settle out of court. I have already indicated at the last cmd that I would be willing to enter into judicial mediation, though the judge and respondent both felt it was not the right time to consider mediation. DJ

Thanks Pusillanimous, Although we have not yet got a date for the second cmd I expect it to be in the not too distant future. So is there anything else I can be doing in preparation? DJ

Ok, I have created a word document from my ET1 claim form outlining where I have pleaded harassment & victimisation, which I believe are the claims and arguments the respondent are claiming I added to my further particulars document that were not in my original ET1. Any thoughts, feedback, comments, advice welcome. DJ

Thanks Pusillanimous, Makes perfect sense then why they are objecting so strongly, but still seems strange as I have mentioned harassment or referred to it no less than 5 times in the ET1. So in my brief argument am I trying to justify why I have claimed victimisation and harassment, or merely proving it was included in ET1 claim form? DJ

Thanks Pusillanimous, They are going to draw up a new further particulars document in time for the next cmd apparently using my ET1. I cannot see where they are coming from and have found no new claims or arguments in my further particulars document that were not included (though perhaps not very clear) in my ET1 claim form. I do remember telling the judge at the previous cmd I wanted to claim unfair constructive dismissal, disability discrimination for reasons of not providing reasonable adjustments and disability harassment. The respondents raised a very strong objection to harassment saying I had not pleaded this in the original ET1. The judge agreed that I had not used the word harassment (although I have) but that it was clear from what I had written that disability harassment was what I had meant. I suspect this is what they are creating a song and dance about which to me seems quite unusual as the judge has already ruled on that point and granted me permission to clarify in the further particulars document. The respondents solicitor have not come back to me today with any clarification on what arguments and claims they allege I have added to the further particulars document that were not included in the ET1. Would seem like a very simple thing to do, but they are dragging their heals and just playing silly buggers which seems unreasonable given that they have already conceded I am disability because of my mental health condition and I have told them how much stress and anxiety this is causing me. Anyway, can take a horse to water but you can't make it drink. Seems to me they are deliberately avoiding clarifying things for me in the vain hope I will give up and pull the pin on the whole thing. Well they have more chance of going on the next space shuttle to the moon than me pulling the pin at this stage. DJ

Thanks Pusillanimous, Unfortunately I went off half cooked and sent them an email and as you predicted I was not happy with their response. They said they would answer my email in good time before the next case management discussion. So I tried a different tactic, trying to appeal to their more sympathetic side I explained how according to their allegation I may have unintentionally added arguments and that this was causing me quite some anxiety. Then asked them in the interests of my health that they clarify which claims and arguments they allege were added to the further particulars document. Their solicitor of course picked up on the I may have, totally twisted it and said since you agree claims were added unintentionally we will rewrite a new clarification document and send for your approval. I went straight back saying for the purposes of clarification I have not admitted to anything and in point of fact I do not beleieve I have added any claims or arguments that were not in the ET1 claim form. So again as you predicted I have been dragged into a conversation with them and might have dug a big hole for myself in the process. Wish now that I had not written to them at all, even though this is genuinely causing me a great deal of worry and stress that right now I just don't need. Lesson learned, the hard way. Will not get into any further correspondence with them in future. I did receive a letter by email from the secretary to the tribunals saying that the judge had reviewed the respondents letter and a 1 hour cmd will be listed very soon. DJ