False accusations after complaining - ** WON **

[elpulpo]

Oh Eck.

Right. The applications have to be made.

Have you got everything that you're owed itemised?

Employment Tribunal

Download the new version of the ET1 form.

 

I'm not going to be around much this weekend. I'll sign in when I can if you need any help.

[Ms_J]

Oh Eck.

Right. The applications have to be made.

Have you got everything that you're owed itemised?

Employment Tribunal

Download the new version of the ET1 form.

 

I'm not going to be around much this weekend. I'll sign in when I can if you need any help.

 

Cheers, Elpulpo. I eventually got a payment after my OH lost his patience and phoned him demanding to know what was going on. I am not sure how correct it is, it is less than I thought so will have to wait for payslip.

 

Now that today is over and done with I want to concentrate on where to go next. I am not letting this go, this man has caused me so much trouble.

Don't worry about helping me over the weekend, I will still be here on Monday! I hope you are off doing something nice

[Ms_J]

I now want to start the ball rolling. i am unsure of two things and wondered if someone could advise?

Firstly, the three month time limit for ET, would this be from when I went off sick or from when I left/was sacked?

Secondly, can I claim unfair dismissal given that I had resigned before I was sacked?

 

Thanks.

[honeybee13]

Hello again Ms J. I'm pleased you're making some sort of progress, however slow. I trust the cheque from your ex-employer cleared ?

 

Pending Elpulpo or someone else who knows about ET claims, etc turning up, you could try looking at the ACAS website for unfair dismissal, as I don't remember the rules. Constructive dismissal could be something to look at, as you resigned [or were pushed?], although everyone on this forum says it's hard to prove.

 

You could check the Tribunals Service or Employment tribunals websites about time limits and the rules.

 

Here's to the next stage of your revenge. My best, HB

[Ms_J]

Hiya HB, I hope you are well.

Thanks, I have checked on the ACAS site but couldn't find what I am looking for. I will give them a ring tomorrow.

I am aware that the clock is ticking and I don't want to run out of time.

 

Lets hope I am not wasting my time!

Edited March 1, 2010 by Ms_J
spelling

[elpulpo]

I'm pretty sure that the 3 months starts from the 'effective date of termination' - so, either the date you were notified of your dismissal or the last day of the notice you gave, whichever came first.

 

Given that you gave your notice, if you were to claim a 'simple' unfair dismissal any award you might receive would only extend as far as the date of the end of your notice. So you couldn't, for example, claim for continuing loss of wages.

So, I'd say if you're going to do this, it's constructive dismissal or nowt.

 

What I'd do now, Ms J, is write a post, chronicling the whole episode. (If ya can without going and killing him). Then we'll examine between us how we'll set out your application.

[Ms_J]

Ok, I will do that. I will wait until tomorrow when I am a bit more with it and able to think clearly.

[jackieandwayne]

Don't give up Ms J just get even. make sure you've told your GP how stressed and anxious this has made you wont you?

 

Stressed? Oh yes, I know all about it. I have had to jump through bloody hoops with a broom up my arse for the Social this week, whilst squabbling with the employer, preparing to speak to a psychiatrist, and gearing up for a fight with an insurance company.

 

But I'm determined to enjoy it and get even, and from the sounds of this guy he does need to learn a few lessons. Just picture him hopping up and down in frustration every time you score a point!

 

Good luck

[Ms_J]

Don't give up Ms J just get even. make sure you've told your GP how stressed and anxious this has made you wont you?

 

Stressed? Oh yes, I know all about it. I have had to jump through bloody hoops with a broom up my arse for the Social this week, whilst squabbling with the employer, preparing to speak to a psychiatrist, and gearing up for a fight with an insurance company.

 

But I'm determined to enjoy it and get even, and from the sounds of this guy he does need to learn a few lessons. Just picture him hopping up and down in frustration every time you score a point!

 

Good luck

 

Thank you. I do hope that I can get even. My GP is aware of the situation and has noted it on my file. I am now depressed and on anti depressants.

I am no doubt going to have stress with the DWP too, I have just submitted a claim!

I hope you get even and manage to teach your lot a lesson! Good luck and stay strong!

I can just picture him, I have seen him in similar situations....Never reched ET as he settled out of court!

[Ms_J]

Right, here goes. My story from the beginning....

 

Mid Nov 09 - We were informed that a consultant was coming to work with us for 5 weeks. This person worked in another franchise and was now between jobs. Two days later she arrived and right from the beginning she was over powering, bossy, aggressive, sarcastic etc.

 

She took over straight away, things that normally my manager or myself would do, she did them. If we tried to explain why we did something in a particular way she shot us down in flames and constantly said that she could run our office with her eyes shut.

 

By the middle of the first week I was stressed with her constant put downs, picking apart of my work and watching over me. I rang the MD and onformed him that I was struggling and felt that my job was on the line. I was told that I was to learn from this person and if any jobs were on the line it would be discussed with the manager first. He then rang a supervisor who felt the same way as myself and informed her that her job was not in jeopardy.

 

By the Friday I was really fed up, rang in sick and went to my GP who signed me off for 10 days with stress. I informed the MD who asked to meet with me which I did. At the meeting I again informed him of how I felt and the effects of this. He stated that he wanted me back at work on Mon and I should be strong and get on with things.

 

I returned on the Mon and it was clear that everything I said had been relayed back to the consultant. She wanted a meeting with me and explained that she was not there to be liked, it was a job and as she has an excessively happy home life she really did not care.

Nothing improved, I was questioned on my intentions to have a family and I was referred to as the office junior by the supervisor (who I was above) to a client! My work was tampered with, I would be working on something and the consultant would undo my work.

 

On 14th Dec I went to work and it was hell, she was on y back all day. Telling me to do things and whilst I was doing them she was changing them on another PC then shouting at me. She was not passing on relevent info and then going mad bacause I didn't know what was going on.

 

15th Dec - Manager and I arrived to a frosty atmosphere and hadn't managed to take our jackets off before she jumped up marched across demanding to speak to manager who refused. She then sat next to manager and was shouting and waving her hands around in managers face. I spoke and was yelled at and told to lose the attitude.

Manager left the office and rang the MD to inform him that things were not good. He told her it was not a crime to be shouted at and she should go and do a days work.

 

I left to attend an appointment and got my OH to ring MD and tell him I would not be back in that day and the reason why.

I submitted a grievence, posted by hand that night.

I emailed MD stating I was not going to be back at work that week and the reason why. I received a reply that spoke about a wage arrestment and ignored my being off sick.

 

At the end of the week I received a letter informing me I was to attend a disciplinary hearing on that day. It stated I had signed for letters, not passed them on to him, I had been AWOL since the Monday and more nonsense. I emailed stating that the dis policy had not been followed, 5 days notice should be given and also disputing the AWOL accusation and the other rubbish which was then dropped. Another date was arranged, again this did not give the 5 days notice so I brought that up and it was changed.

 

I was accused of having a key belonging to a client. I informed him that I did not. I spoke to clients family who confirmed that someone returned it to them week previously. I then got another letter stating that I still had the key.

 

Hearing held in my absence on 22/01/10 and chaired by the partner of the person who bullied me. It was decided that I was guilty of gross misconduct and summarily dismissed but I had resigned and my last date of employment was 10/02/10. The letter infoming me of this was dated 12/02/10 and was from the chairman but i have proof that it was typed up by MD.

 

I am not sure how clear this is!

[honeybee13]

Hi Ms_J. Forgive me for being thick, but this sounds like what we started with many posts ago. Or do you have a new query?

 

My best with all this, we'll help as much as we can.

 

HB

[elpulpo]

Oh do try and keep up, Honeybee! See post #256

[Ms_J]

Hi Honeybee. Elpulpo told me to note down the events leading up to my resignation/dismissal in order to assist me to move forward with an ET claim.

[elpulpo]

Great. So, a pared down, factual version of post #260 would be ideal as the background and details of your claim.

Just make it straight to the point and factual.

[Ms_J]

Great. So, a pared down, factual version of post #260 would be ideal as the background and details of your claim.

Just make it straight to the point and factual.

 

Ok. I will get working on a rough draft and whittle it down to the essentials.

I am confused about the unfair/constructive dismissal, what am I claiming?! Sorry for being thick!

I am now able to claim legal aid so would it be worth using the solicitor I spoke to? He is going to write to the MD about my manager and see if he can get any compensation for her.

[honeybee13]

Sorry guys, clearly I am thick! I'll blame it on the ear infection I have.

Edited March 2, 2010 by honeybee13

[Ms_J]

Ouch! I hope you feel better soon, HB.

[honeybee13]

I'll live, thank you Ms_J.

 

How are you feeling? I think and hope you're moving into 'Don't get mad, get even'.

 

My best, HB

[elpulpo]

Ok. I will get working on a rough draft and whittle it down to the essentials.

I am confused about the unfair/constructive dismissal, what am I claiming?! Sorry for being thick!

I am now able to claim legal aid so would it be worth using the solicitor I spoke to? He is going to write to the MD about my manager and see if he can get any compensation for her.

Constructive dismissal. You were forced to resign when the company's actions made your position untenable.

It's good that you can claim some legal aid.

[Ms_J]

I'll live, thank you Ms_J.

 

How are you feeling? I think and hope you're moving into 'Don't get mad, get even'.

 

My best, HB

 

Take it easy though!

 

I am ok, angry though that I am now back on anti-depressants, I have managed for more than 3 years to control the depression myself. I am realdy to get even, I want him to pay for what he has done.

[Ms_J]

Constructive dismissal. You were forced to resign when the company's actions made your position untenable.

It's good that you can claim some legal aid.

 

Ok, thanks for clarifying that!

It looks like my request for the minutes of the imaginary dis hearing is being ignored and my payslip is being withheld yet again!

I am now unemployed so legal aid is fine and this solicitor is happy to go with that unlike every other one in my town!

[Ms_J]

ACAS have just infomed me that there is nothing that I can do as I did not appeal the disciplinary outcome. They said ET would not be intrested in the fact that it would not have been a fair hearing etc.

[elpulpo]

It'll be very helpful if you've got the assistance of a solicitor in making your application and managing your claim.

I hadn't realised that you've suffered from depression over a significant period of time. That's very much a factor. You've arguably got a claim under the DDA here (muchos dineros muchacha!). Speak to your solicitor about it.

[Ms_J]

I will speak to solicitor tomorrow hopefully.

I have suffered from depression on and off for the past 11 years but it has been under control without meds for the past 3 and a bit years.

Will see what solicitor says, ACAS have just thrown a spanner in the works!

[pippadeee]

Constructive dismissal. You were forced to resign when the company's actions made your position untenable.

It's good that you can claim some legal aid.

 

 

There's no grievance been submitted. (he claimed not to have received it and I don't think Ms_J did resend it to him)

 

The fact that no grievance was raised and Ms_J had another job to go to may be problematic where a constructive dismissal claim is concerned.

 

If wages are owed and constructive dismissal is a non starter she can still claim for the pay (notice pay and whatever else) she is owed. If the employer argues the toss that she was summarily dismissed so not due notice pay then he'll have a hard job proving that because she'd left before he told her she was dismissed, so hopefully she should get her money and confirmation that way that she resigned and wasn't dismissed.

 

I think ACAS is wrong in ruling out any claim because of not appealing the dismissal btw. Plus, you'd left the company by then anyway.