Bullying director and constructive dismissal

[rightsforme]

I have been working for a small company for 15 months that consists of 2 directors. One director is based at the company the other just visits. I had no problem with the director I worked with but a major grievance arose a few months ago as the other director is now present more often. He has been abusive and belittling towards me and has clearly stated that he disliked me. The director I worked for was supposed to sort it however this did not happen and on his last visit he started on me yet again for no reason. I approached the director I worked for yet again to be met by the response that he could do nothing as he owned half the company and was left with no choice but to leave. I sought advice and followed the statatory grievance procedure giving 28 days for response but have had no reponse. Please also note that I have never been issued with a contract and have not had my p45 or any wage slips since last year. I wish to claim constructive dismissal, bullying and harrassment and victimisation but am unclear on how to complete the ET1 form and which laws I will need to research fully. Can anyone help with this?

Thanks in advance

[almond]

hi

can you get to a local cab centre? if so ask them to help fill in the form.

I did my own on the internet and they was a section about dates, i was unable to go pass this question without putting in a date so put 01/01/07

and a note saying this happened every month but was unable to put in box above. Well my forms were submitted sept 07, i then went to cab who

thought i had done it wrong and decided to send another one in following grievance time etc. We had our first pre trial hearing last nov and part of the case was to get my case thrown out but i had filled in the form wrong.

My case is still ongoing and because of the length of time its taken i will be lucky to get any money. So best advice is see cab . I also got a book called tribunals claims by somebody cunningham (google it) and its the best £20 i have spent in a long time.

My claim was constructive dismissal, unpaid wages (no wage slips ) and self employed - employee. I was granted employee and cons dismissal.

Full hearing monday.

if you need any other help let me know but please be very careful filling in the forms.

[rightsforme]

Thanks very much almond. Good luck for Monday. CAB in my area is rubbish as you can never get an appointment and have to sit there all day every time you go, but will try CAB in my boyfriends area to see if they can help.

[almond]

hi

don't give up with cab i had to wait two weeks to get to see my guy

but its worth the wait, cab are dealing with it foc i would have given up

if i would have needed to employ a solicitor

[rightsforme]

Thanks almond I shall not give up. Have ordered that book and will try get to see somone to help fill in forms next week. Hope you got on well with your hearing.

[almond]

Thanks but please make sure the forms are filled in correct, can you not ask acas or ring the tribunal and tell them you are unsure about a section

on the form. I would suggest even emailing them then keeping a copy just in case the other side argue its filled in wrong and at least you have it on record. I know i am making a big thing about this but it nearly cost me my case. The book is great and very useful. Good luck and if you need any help, let me know. I must have one of the most strange cases a tribunal has seen. Just had a call from cab and my guys uncle has died thinks funeral is monday, so might be representing myself.

[rightsforme]

Thanks Have taken your advice and started to complete ET1 form as I think it should be completed then will print form off and take along to CAB next week for checking so I can make any amendments if needed before sending off to ET.

[almond]

good went to court yesterday and was awarded £15,750 plus £1000 prep order have more chance of winning lotto then getting it, i need to find him

[rightsforme]

Congratulations and great news on the award, dont give up on finding him chase him to end of earth to get it. Electoral roll is good place to start to track down somone, start by checking out his last known address then you can see who else is registered there as well and follow on from there.

[almond]

Congratulations and great news on the award, dont give up on finding him chase him to end of earth to get it. Electoral roll is good place to start to track down somone, start by checking out his last known address then you can see who else is registered there as well and follow on from there.

 

hi

thanks, have tried electoral roll problem is he moved from cornwall to scotland in may, so not showing house in cornwall was rented.

Good news been in touch with guy that owns shop in cornwall and he's owed money, so he asked me for what info i had and was going to get a private dick from exeter to have a look for him.

He gave me an address in scotland but not got anywhere with it.

 

let me know if i can help you in anyway,

any other ideas would be welcome

will not give up

[rightsforme]

Well finally had my case heard after it being thrown out as the tribunal letters had been sent to wrong address. Employer still failed to respond even to tribunal directions and won the case completely with the maximum 50% uplift. Turned out at the hearing the director wasnt even a director and he tried to deny all knowledge of the bullying and harrasment but luckily they saw through his lies as he contradicted himself over and over and I have been awarded just over £7,000 from the company. However next problem is getting the payment as it also turns out they had not paid my tax or N/I and the company is listed for striking off due to not filing accounts. One of his other companies has also been struck off and they are now operating in a different area with other companies. Does anyone know what the procedure is to force him to pay up if the company I,m awarded against is dissolved. My rep is writing to him to try and get him to pay up and we will apply for a CCJ if he doesnt plus I believe that after 42 days that I can charge him interest at 8% for each day outstanding. I did name him personally on the ET1 as I knew he may try this so would I be able to claim against him personally and stop him being a director of any company if he doesnt pay up. Any advice as to options would be appreciated.

[almond]

hi

not sure if i can be of any help, won my tribunal case last october , ex employer did a runner and private eye found them in scotland , applied for a ccj against them, back in april. they have done a runner again so no further forward. What i would say is try and keep as much info as possible.

You can get the 8% interest its done on the ccj form my case is now upto £18k and have more chance of winning lotto than getting it.

Good luck

[rightsforme]

Thanks Almond thats a help. Have the directors family home addresses as he owns 2 houses, the second is rented out by his wife, so hopefully can force payment. We are just waiting for the order in post and to see whether by any miracle he will respond to letter requesting payment from my rep, but i very much doubt it as he failed to comply with any tribunal orders hence why they gave me the max uplift, he left tribunal with arms waving as he thought he would get away with his lies and was shocked at amount of award, so reckon it will probably have to be a CCJ to force him to pay, but if not will try to force the issue with threat of personal injury claim and getting him struck off as a director of all is companies. At least I have justice now and have the ruling and can at least try get back the PPI plus compensation for my credit card insurance which wouldn't pay out and hopefully get that debt cleared. Don't give up on tracking your employer down. Check companies house to see if he is listed as a director, if he is there are details of how to make a complaint on a companies conduct and they can disqualify him from being a director of any company for a period they decide so have a look and see if he is there and whether his actions qualify with what can be dealt with by them.

[almond]

thanks for info regarding companies house,