resigned under protest, and strangely ex-emplorer hinting i deserve a settlement payment

[meekmeek]

ok ill be brief

mutlinational retailer, ive been employed for 10 years no black marks on my name. maximum of 4 days sick in the whole 9 year period (before final year)

 

in the final year a new manager at store i worked in took a target shot out on me to try getting me sacked, not due to performance or anything. but for me having accumilated a nice salery/promotion level which was hitting his budget hard. also i have medical disability controlled by medication to make most problems un noticable.

 

i have been demanded to perform manager tasks in my own time lunch breaks (unpaid) and after work. and without actual proof have been put through a disciplinary about "not following managers tasks, if proven"

 

well unless they live with me, stalk me they have no proof. but deemed lack of proof of doing tasks was also lack of proof of not doing so.. so got a warning.. week later 2nd disciplinary due same title. i delayed 2nd disciplinary with a appeal.. being manager involvement the standard stress/grievance route was impossible so i stated how the disciplinary was unfair, ignored any evidence i did give to prove tasks complete and also mentioned that it is causing stress, depression, anxiety.

 

yet again verdict of appeal unchanged(uphailed) and 2nd disciplinary allowed to proceed.

 

other minor disciplinaries were in pipeline including one for possible gross misconduct due to a audit trail showing stock discrepensy. (basically accusing me of theft) where its a retail store and impossible to work out if it left store by theif(customer), not arrive in delivery or being used as store use. but hey they wanted me to be the culprit without linking me to the items.

 

mentions of my medical issues when symptoms popped up. without showing support or asking what can be done to help me. then a disciplinary that a symptom that did not affect my mental/physical mobilty (my actual work tasks/abilities) was causing issues in work affecting other staff and customers which is not what they want in the company. (its visual thing that changed that manager thought would make customers think twice before approaching)

 

i have changed minor facts and not gone into too much detail to hide identity. but i have many questions

 

1) can they discipline me for doing tasks unpaid that do not relate to my job title/ contract of role&responsibilities . but would help out the company. main point is the out of shift bit. can they discipline items done/not done out of contracted hours

 

2) i am by legal definition classed as disabled as without regular medication many symptoms would prevent me from living/working basic day-to-day tasks. the management 10 years ago knew of this. but the new manager wanted to deny it being a medical condition. is this disability discrimination if i previously shown a link between medical condition -> symptom and manager still continued to mention, warn and insult.

 

3) i did hint that i had a case to go to tribunal while working and in resignation but said due to stress, depression, anxiety that i cannot see myself benefitting from continuing within work, there are no chances of promotions, no chances of moving to other stores. and going off sick would just delay the problems which i beleive would continue after sickness leave, so.. i resign.. basically

 

i got a call recently from a HR department reviewing my records. and they mentioned the constructive dismissal investigation they would do for me. and they mentioned that based on my circumstances a settlement should be found once they work out the extent of the issues.

 

i have looked at tribunal websites and found a calculator that works out redundancy pay, basic award based on length of time i believe to find new job. and then... a uncalculable amount for compensation (just a box for me to type in what i find a fair amount

 

well where can i find free lists of settlement amounts to find out if i should be putting in £100, £3,000 or £300,000

 

i believe that the compensation amount can be for multiple reasons. harrassment, loss of dignity, personal injury (psychological) financial loss. disability discrimination.

 

so thats 5 lumps of figures i want to have an idea are awardable and fair

 

i am not looking for £1,000,000 for the sake of it. but it has caused near on mental breakdown and i was gonna wait till mentally ok before going for a tribunal. but they seem to want to 'help and support' me first.

i just want to know if i could possible get a fair £50k for disability discrimination i dont want to be putting £1k and they negociate it down to £200

 

i am fair and just want what is deserved. but want it to actually matter where it would cause a slapped wrist against manager involved rather then a behind my back laugh at how they succeeded in geting rid of me cheaply

any help

Edited December 19, 2010 by meekmeek

[rebel11]

Hi meek

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

You need to justify what you are claiming. They are looking to make you redundant, so work out a redunancy figure and then work from there. i.e. add compensation etc.

 

I do sympathise and understand.

[honeybee13]

Hello and welcome to the forum.

 

I have a couple of comments to start this off. I'm very surprised that HR are investigating 'constructive dismissal'. In a year on this forum, I've never heard of HR volunteering this, always thought that was for a tribunal but I could be wrong. Do you have any idea how long their investigation might take?

 

If you're looking at the ET route, you only have 3 months [i think it's from the date you leave, but someone may correct me] to file the claim.

 

But if you're still in time, you probably ought to file a grievance. I understood that you can't go to an ET until you've exhausted the internal procedures.

 

How much proof do you have in writing? Because if you want to go to ET, that's what you need.

 

I can't comment on how much to claim, although I'd be inclined to let them suggest a figure myself.

 

My best, HB

[jonnycooper]

I have previously come across this... Not sure if it is applicable so take with pinch of salt.

 

In assessing compensation for injury to feelings, employment tribunals are required to follow guidance from the Court of Appeal set out in December 2002 in Chief Constable of West Yorkshire Police v Vento (No.2) (EOR 114). This established three bands of awards: a top band of £15,000 to £25,000 for the most serious cases, such as where there had been “a lengthy campaign of discriminatory harassment”; a middle band between £5,000 and £15,000 for “serious cases, which do not merit an award in the highest band”; and a lower band of between £500 and £5,000 for “less serious cases, such as where the act of discrimination is an isolated or one-off occurrence”.

 

In the Da’Bell case, the claimant was employed as a fundraiser until she resigned. She successfully brought a disability discrimination claim in respect of a failure to make a reasonable adjustment. She was awarded £12,000 for injury to feelings.

 

The EAT decided that it is now appropriate to update the Vento range in line with inflation. On that basis, the figures of £5,000, £15,000 and £25,000 have been increased to £6,000, £18,000 and £30,000 respectively.

[meekmeek]

thanks so far. i too was surprised. getting a phone call one day from a manager of the company i never met saying he revieed the reasons for my resigning and felt like its in my benefit to have a chat with him. and he was the one that used the words 'sounds like a constructive dismissal' and 'sounds like you deserve some kind of financial settlement if you feel like you could not return to us if offered'.. strange

 

i beleive its because after reading my appeal letter after first disciplinary they read that i could take things forward to a discrimination tribunal but just want a fair hearing so seeked to appeal as a less stressful faster result as i just want to get on with my job and keep my head down. i did mention the medical symtoms and harrassment etc. in the appeal so i beleive this (after resignation investigation) was a pre-emptive attempt to nip the issue in the bud. (he hasnt given it a title such as constructive dismissal investigation, but has vocally suggested thats what the result will be, he being helpful, but vague).

 

honeybee. one thing i have learned which may help your advice later standard unfair dismissal cases have 3 month deadline. apart from where a discrimination has occured where there is a further 3 months. so i have time if i dont like the result i get from this investigation.

he mentioned a week ago it would be in a few days. and now he just needs to finalise some interviews and a store questionaire for all colleagues about equality, diversity and a few extra questions. so could be a week longer.. but im thinking first week of january is more of a idea when ill get a call in to negociate

 

the guy investigating is being vague (understandably he doesnt want to say too much/the wrong thing) but maybe since my departure other employee's have patitioned against my local manager after my treatment (colleagues loved me there and they seen how his actions changed me emotionly over near on a year)

 

jonnycooper

so from my understanding if it was a one time incidence of insult it would be £500-£6000 depending on how the incidence had mentally affected me..

 

and if it was a years worth of daily -biweekly insults, mentioning of symptoms in a demeaning way id be looking at more of the £18k-£30k

Edited December 20, 2010 by meekmeek

[meekmeek]

can i , just wondering if i have loads of paper proof of memos handed to me mentioning my symptoms in a demeaning manor, witness statements of him doing it publicly infront of customers can i for instance put a cumilative compensation lumps of different failures

 

so the final figure comes to;

 

FINAL Estimate

1 Basic Award £XX,000 Standard redundancy payment

2 Loss of Earnings £XX,000 Loss of earnings until new job arises

3 financial damage £X,000 Debt/loans/bank charges due to circumstance.

subtotal £XX,000

4 Compensation(top up)

Disability discrimination £29,999.99 (cheekyly high end of deserved level to start negociations)

Harrassment £29,999.99

Personal injury: psychological injuries £29,999.99 : stress and depression

Personal injury: Social issues £29,999.99 : avoiding people in public

Personal injury: physical health £29,999.99 : weight gain /other medical due to changes in medication to mask insulted symptom

subtotal £149,999.95

G-total above £190k

 

questions again

1 can i if i have proof of separate incidences add up separate compensation categories to get to a total?

2 if i was taken employed and told . dont worry about this clause it is on your record that we have accepted you so it cannot be used against you. and multiple years of having said symptom noted without incident. would it be a breach to then use clause against me?

3 and is that calculable to a vento compensation or does the standard basic award (redundancy)part cover this?

Edited December 20, 2010 by meekmeek

[Mash It Up Harry]

can i , just wondering if i have loads of paper proof of memos handed to me mentioning my symptoms in a demeaning manor, witness statements of him doing it publicly infront of customers can i for instance put a cumilative compensation lumps of different failures

 

so the final figure comes to;

 

FINAL Estimate

1 Basic Award £XX,000 Standard redundancy payment

2 Loss of Earnings £XX,000 Loss of earnings until new job arises

3 financial damage £X,000 Debt/loans/bank charges due to circumstance.

subtotal £XX,000

4 Compensation(top up)

Disability discrimination £29,999.99 (cheekyly high end of deserved level to start negociations)

Harrassment £29,999.99

Personal injury: psychological injuries £29,999.99 : stress and depression

Personal injury: Social issues £29,999.99 : avoiding people in public

Personal injury: physical health £29,999.99 : weight gain /other medical due to changes in medication to mask insulted symptom

subtotal £149,999.95

G-total above £190k

 

questions again

1 can i if i have proof of separate incidences add up separate compensation categories to get to a total?

2 if i was taken employed and told . dont worry about this clause it is on your record that we have accepted you so it cannot be used against you. and multiple years of having said symptom noted without incident. would it be a breach to then use clause against me?

3 and is that calculable to a vento compensation or does the standard basic award (redundancy)part cover this?

 

Meekmeek, no disrespect intended, but this just sounds bonkers. Get yourself proper legal advice immediately before things go horribly wrong for you. If you haven't got the assistance of a Union rep, check your household policies to see if they have legal expenses cover (most include some form of legal cover). At the very least see if your local CAB can give you some help. This is a very difficult subject to get right but very easy to cock up!

[meekmeek]

cab says well youll probably get redundany the couple months wage since resignation and maybe £3k ontop

they say well its not a tribunal as its gonna pass the 3 month deadline so they dont wanna represent (local cab's legal rep is a trainee, useless)

 

no home insurance assistance, hense why im here. something here suggests that there is something big they trying to avoid but no one seems to want to help unless i sign a contract which i cant afford. know anyone who can give advice for free and not be itching their chin about how much profits can they make out of my situation

 

i have never liked the solicitors who charge £100 for a letter or £5,000 to say 10 words at a 'informal meeting' with employer

[honeybee13]

I think Harry's right about getting legal advice, although you sound as if only a no win no fee lawyer would be acceptable to you. I believe it's quite hard to find one to act on that basis, unless you have such a stunning case they're confident of winning. Do the CAB know any employments lawyers? They should give you an initial meeting of half an hour to an hour for nothing.

 

Othewise, do you have a Community Law Centre?

 

HB

[honeybee13]

Meekmeek, what did you mean about going to pass the 3 month deadline? Are you still within the time limit?

 

HB

[meekmeek]

the solicitors i seen for 30 minutes just itched their chin and said constructive disissals are hard to win and unless there is a fundimental breach such as pay cut or offering a job 100 miles away its very hard to prove harrassment etc so they dont deem it worthy

 

i tried to suggest 'what if petitions were done/or investigator found an internal memo which i am not privvy too that proves to hr the manager/bully breached something major for them to be calling me to settle before i put in a request for a tribunal

 

something is definetly going on internally in work but because of lack of evidence i only have 10% chance so no support.

 

im trying to tell cab/soliciter hey big neon sign they are seeking to settle already,, help

seems they only want to help if 60% chance & only if tribunal involved... not a settlement 'informally'

 

3 month standard dismissal expired but i havementioned disability discrimination whichis 6 months(i triple checked and yes extension applies ) so i have until feb to file a tribunal if i chose

 

but again i need help asap as in under 2 weeks i believe they will hand me a piece of folded paper with a £ amount on it

 

i just want some help.... but unless i say i filed for tribunal no one wants to know

 

i just want some advice everyone keeps thinking will it get to tribunal and win and thats it thats all they are about i have said please wipe the word tribunal from your mind theres a settlement in the pipeline i want help with that

 

i am on benefits and even legal aid say well if it goes to tribunal then blah blah blah.... i keep telling them look they are settleing before i even need to worry about a tribunal help me now not in february

 

its a endless cycle of 'we only help with tribunals not informal settlement' mindsets

 

the only legal people that will help now seem to want me to sign that they recieve % of settlement

 

i just want someone to ignore the word tribunal and help with a settlement value

Edited December 20, 2010 by meekmeek

[meekmeek]

i understand i will not receive top rate of 30k compensation for a single breach as negociations would brin it some where nearer the 18k lower limit

but can i stack up multiple breaches, personal injury; ptsd/depression/anxiety harrassment

 

into like 5 lumps of 30k and then at negociations it whittles down to a ammicable amount

[Mash It Up Harry]

the solicitors i seen for 30 minutes just itched their chin and said constructive disissals are hard to win and unless there is a fundimental breach such as pay cut or offering a job 100 miles away its very hard to prove harrassment etc so they dont deem it worthy

 

i tried to suggest 'what if petitions were done/or investigator found an internal memo which i am not privvy too that proves to hr the manager/bully breached something major for them to be calling me to settle before i put in a request for a tribunal

 

something is definetly going on internally in work but because of lack of evidence i only have 10% chance so no support.

 

im trying to tell cab/soliciter hey big neon sign they are seeking to settle already,, help

seems they only want to help if 60% chance & only if tribunal involved... not a settlement 'informally'

 

3 month standard dismissal expired but i havementioned disability discrimination whichis 6 months(i triple checked and yes extension applies ) so i have until feb to file a tribunal if i chose

 

but again i need help asap as in under 2 weeks i believe they will hand me a piece of folded paper with a £ amount on it

 

i just want some help.... but unless i say i filed for tribunal no one wants to know

 

i just want some advice everyone keeps thinking will it get to tribunal and win and thats it thats all they are about i have said please wipe the word tribunal from your mind theres a settlement in the pipeline i want help with that

 

i am on benefits and even legal aid say well if it goes to tribunal then blah blah blah.... i keep telling them look they are settleing before i even need to worry about a tribunal help me now not in february

 

its a endless cycle of 'we only help with tribunals not informal settlement' mindsets

 

the only legal people that will help now seem to want me to sign that they recieve % of settlement

 

i just want someone to ignore the word tribunal and help with a settlement value

 

So let me get this straight. You've already sought legal advice & they've assessed that you only have a 10% chance of success? Now do you honestly believe that your former employers are seriously going to give you any significant settlement out of court? They will after all have probably sought their own legal advice that may already agree with the opinions you have been given.

 

I think you may have totally misunderstood the phone call you had with your ex-employers. Either way, get it in writing from yhem first before you negotiate figures with them. Something doesn't add up here.

[meekmeek]

yes something is definetly fishy this is why i want to get passed the 'lets assess if its worthy' speach i have had this chat from everyone

 

but i have not got them to think passed the ' is it worth it ' and just give me hypotheticals

 

i want some free legal advice not a free assessment to see if its worth pursuing

 

so please please please please please in the generocity of christmas forget about tribunal assessments, forget about rushing me into filing a tribunal

 

please help with todays issue i have ....a HR guy that phoned me bi-weekly updating me about how they are talking to the witnesses i mentioned in my disiplinary and the names in appeal to the disciplinary, the managers who handed me the insulting memos etc to ensure i ... in his words get a fair and adequate settlement

 

i never requested a investigation after resignation nor mention i would seek tribunal after resignation nor request money

 

when i resigned i thought phew stress behind me lets move on and get head straight it was 3 weeks later before THOUGHT BUT TOLD NO ONE to either put it behind me or enquire about tribunal once head straight

 

then i got the first surprise call from this investigating manager whom mentioned the words constructive dismissal and settlement

 

now going backward in history to when i was working

 

the only time i mentioned tribunal was me saying in the disciplinary appeal request WHILE WORKING that i could take this further but just want to have a fair disciplinary hearing instead to finally draw a line in the sand

 

that was months before i resigned. i wrote the resignation letter that i just couldnt see a positive way forward within the company and did not wish to prolong the stress any longer by just signing off sick knowing it would return after sick leave so i resign with immediate effect

 

to me that was my line in the sand the end . to move on to better things i had enough

 

so i have never been in this position before so i want to get some things straight. here is my thought plan of questions to ask investigator before even looking at a settlement amount

 

1) have they seen the dozens of memo's dated over xx months some of which were 7 in a single week 5 in another week mentioning my symptom

2) have they received witness statements which show how my bubbly personality changed over xx months

3) have they received witness statements which verify the memo being handed to me publicly infront of customers without explanation

 

this is to get them to double admit to how strong the insults were as they over lengthened period

 

if they do i would like to know;

 

can i say

i want a sum between 18k-30k based on vento range for discrimination [as its linked to disability]

i want a sum between 18k-30k based on vento range for insults [as its worded demeaningly]

i want a sum between 18k-30k based on vento range for harrassment [as it continued as memo form even after requesting chats if they have a problem]

can i request 3 -5 lumps?

Edited December 20, 2010 by meekmeek

[honeybee13]

'the only legal people that will help now seem to want me to sign that they recieve % of settlement'

 

But that's the way no win no fee works. The risk to them is that if you and they lose, they don't get paid. If you don't want to pay them by the hour, this is the only way. I think lawyers might be better at advising on the legal aspects of a case rather than the amount of compensation and I don't know if you'll have more replies on the amount here. Have you looked at the Tribunal Service website to see if it has details of past cases and awards? That might give you some clues. I'm sure the information's available online, I just can't remember where.

 

I mentioned a Community Law Centre as a possibility, do you know if there is one locally to you? That's the only option I can see of getting free advice.

 

On the discrimination aspect, maybe you should speak to the EHRC [equality and human rights people] to see if they think you might have a case for that. The helpline number should be on their website.

 

Alternatively, you could wait and see if you actually do get handed a folded piece of paper with a figure on it, then tell them you need time to think it over, which is quite acceptable.

 

HB

[meekmeek]

the guy was hinting in last phonecall for off the record how much ill be seeking so he can inform hr of a ball park figure

 

so again hypothetical before it even gets legal involving a need to get a solicitor

 

lets pretend theres a meeting just to discuss what has been found so far [where i ask if he found blah blah blah] to strengthen which vento banding that i am looking at either 6000 or 30000

 

i just want to know now [before they produce a figure for me to say i need time to think about it and then get a soliitor to sit next to me]

can i put more then one lump together under the compensation to get multiples of either 6000 18000 or 30000

 

just so that i can give them an idea

 

forget about it being a tribunal yet i got that as a option up my sleave for later. i just want to know if i can acceptably say

 

well based on discrimination cases i will be seeking the standard award of redundany pay plus 2 years salery as that covers training/etc or finding a sympathetic employer plus for the

compensation award as you confirmed it occuring regularly over a lengthened period a lump sum for discrimination a lump for insults/defamation of character a lump sum for personal injury; psycological all in the higher banding of the vento scale

 

not mentioning numbers to them just to let them realise im more serious then just wanting 500

 

cab if they were to sit in on the informal chats would just say take 500 as its 500 more then you have now and solicitors seem to want to get paid large % of the stress i received for just an hour of their time which i find unfair

 

yes if i can get work to admit a few things informally i will then get a solicitor to fight further but dont want them going for any settlement knowing they get paid anyway leaving me with a smaller then i deserve amount simply because it does not interest them

 

just seems like they want to improve their c.v more then actually help

 

please someone point me in a direction that does not lead to me handing over money i dont have

 

just that one question needs to be answered to help the talks progress i got a list of questions to ask them to boost chances of a tribunal if i decide that later, just need to show them how serious i am to know i wont settle for a niave small amount

 

and then decide to settle or go for tribunal

Edited December 20, 2010 by meekmeek

[honeybee13]

That's why I'm suggesting you have a look at some tribunal cases to get an idea of what awards were made, not suggesting whether you should apply for one or not.

 

HB

[meekmeek]

cheers honeybee your supprt has helped me to gain some ideas but i dont want to be spending hours google searching and stuff. my head still aint 100 percent to be thinking about work 24 7 lol

 

i was hoping for a quick free short answers

 

but looks like im gonna have to rummage around bt thanks, ou atleast spent more time reading and sympathising more then most, so cheers for te support so far

[honeybee13]

Quick free answers aren't always forthcoming, sorry. If you don't want to spend time researching it's up to you, but I don't think anyone else is going to volunteer.

 

HB

[meekmeek]

i have done google searches myself when i can get head in the mindset to

[sorry just all this stuff gets to me and makes me just want to curl up into a ball and sleep it off into a distant memory]

 

im not seeking anyone to run around or be sat beside me for free i just want to have some free tips of what to say at these informal one to one chats with this hr guy

 

was hoping discussion forums would provide a fountain of knowledge

 

i am greatful for the time people spend reading and replying but i just cant find case studies of how the settlements got to the figures they did

 

i have read that there was a maximum award amount but cant find breakdowns of the settlements

 

im 95 percent set in the script i am to say to the guy before during and after a £ is mentioned

i have 6 scripts 2 pre £ [one niave-jolly asking questions to get them to admit findings] [one legally worded but still jolly] to persuade the that i know more then i first let on and obviously 2 niave and legal scripts for during and after £ comes into the conversation

 

i just wanted the tip if i can multiply many failures into one compensation total

eg total 200k but have set it my mind id settle for 30 percent if manager was sacked or 60-100 percent if not

[just an example not actual ]

 

when im in the right mindset i do have high 137+ IQ and i can use my words wisely to seem genuine and not intimidating i have a very good poker face to smile and joke with customers even when depressed and stressed which is one of the positive attributes the managers of previous years loved about me that i could stay calm under pressure but still get what i want and what genuine customers deserve in a non threatening manner or a going 'beyond the call of duty' for customers where other colleagues have failed them

 

i just want to get the layering lump sum fact straight so i can cheekingly say im entitled to blah by following the vento scales of blah blah [all upbeat and friendly] but willing to negociate down depending on how the chat goes

 

oh and i recently learned as another trick up my sleave that i could sign off as incapable of work as this situation has triggered and exasserbated my depression which too is part of my condition and sting the ex employer for 40 years of lost earnings [minus benefit income] until retirement age

 

but want to treat this informal investigation with kid gloves not scare tactics

Edited December 21, 2010 by meekmeek

[meekmeek]

i have now figured out what the surprise phonecall was all about

 

forget tribunal involving redundancy and loss of earnings - forget the 3 month limit

 

the answer civil court case:wink:

 

which could cost the company more not just in compensation but in publicity and rep

 

i finally woke up this morning shook off any depressive thoughts i could i put on my assertive hat and trolled through town to get 2nd opinions cheers i just needed a kick up the backside this whole situation has got me down and was off my game

i didnt want legal guys involved not just coz i dont see it fair that on small redundancy stuff reducing any awards because of fee's but because i wanted it over and done with in days not months while they shuffle papers

 

but now i know the whole picture i see a specialist legal solicitor is worth it

 

just a hint guys try trolling solicitors in your town and get multiple opinions

now i have some ammo and tricks up my sleave im more confident and ready to talk numbers just hope this moment of clarity continues

 

last few months have been a mental drain wouldnt wish it on anyone

 

cheers peeps for the kick up the bum

 

ill keep you updated

 

finally found a legal guy whos first question wasnt narrowed on a tribunal

Edited December 21, 2010 by meekmeek

[honeybee13]

That's good, please keep us posted.

 

HB

[meekmeek]

this is in conjunction with my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?287691-resigned-under-protest-and-strangely-ex-emplorer-hinting-i-deserve-a-settlement-payment/

 

its still going on now - 4 nearly 5 months since i resigned

 

currently i am under sanction of jobseekers as they see it as a resignation not a constructive dismissal

 

right now this is really weighing me down emotionally and physically - i sleep non stop and dont feel like socialising and even at a age that puts me still [only just] in the club 18-30 party generation i dont feel like drinking or anything

 

what is currently happening is that hr have put a assistant manager into my work place to watch over [covertly] the manager that caused me stress and now depression and other issues i could if needed sign on as being disabled but i just want a job so i am struggling on a basic hardship payment as i have been told the fairest thing is to reduce my costs so that any payment i recieve is a fair compensation and also fair on ex employer that i do not try asking for too much

 

but here are some questions - all based on the implication that they admit fault and admit i was pushed [said by them verbally but lets hyperthetically say they admit it in writing and just want to settle the matter to avoid a big public court case[civil law]

 

i know about the basic award for financial loss and there being a separate part for compensation for discrimination - injury in tribunals etc

 

so basic award

1. can i include any money loaned to me through third party [friends - family]

2. could i have set up a credit card to the limits of my monthly wage and racked up a bill knowing it would have been paid for as my loss of earnings

3. if i become disabled i was told i could put loss of earnings as upto retirement age as management knew before issues began i had a '5 year plan' meaning i had no intention of leaving anytime soon

 

compensation - i know now about the vento banding amounts but not 100%

so

if this issue started autumn 2009 with

harassment - memos mentioning a medical symptom i cannot change not being right for the company

insult - treating the medical issue as being my fault - lack of trying although its a birth defect

discrimination - as above medical [listed as a DDA]

defamation of character - witnesses interviewed having him talk about me to them negativly

 

as its been 9 months from the manager starting the negativity and me resigning as there was no alternative - no other job title that would have stopped it etc this would be classed as a long period of issues thus be the top vento banding

 

so could i have atleast 4 lumps sums of the vento banding ie

harassment = 16k-30k

insult = 16k-30k

discrimination = 16k-30k

defamation = 16k -30k

grand total 64k-180k

 

i know the actual end number wont be 180k plus 35 years of loss of earnings at current wage rate

 

but i just wondering what the worst case scenario is about how much it could cost them so i know if they offer me 10p i can laugh in their face and say hey this can cost you 600k in court so how about 25-35% of the 600k and ill not make things public

 

just so that i can get something fair and finally draw a line in the sand

 

hope you can help with ideas of what i should be saying when the ££ comes up

 

they are a billion £ company so i dont want to settle for pennies letting them get away with it

[SarEl]

I have reviewed both threads - which I have to say, are extremely difficult to fathom as to what exactly you are alleging and what has actually happened. But I do note that you have had legal advice and that you appear to be saying that you have little or no evidence of what you allege - so a case would be exceptionally hard to prove in the best of circumstances (less than 3% win rate on average), and it appears that your legal advice seemed to conclude that you had little prosepct of winning. The employers legal advisers will have told them this as well.

 

The size of the company and what it is worth has nothing to do with anything - so forget that.

 

There is absolutely no chance that the employer will admit to anything - the manager you spoke to was a complete idiot if they even mentioned that there may be a case. I presume that you have no proof of this alleged statement?

 

As a civil case, I can't see you have anything. The rules of evidence are extremely high and, as you have said, you have nothing or next to nothing.

 

In which case you are looking at a tribunal and there is no way on earth that you could even hope for, assuming that you won, the kind of money that you are asking for. At the very best, assuming a win (and frankly I am not) the "normal" top end of total payouts (unless you are a city banker with a lot of evidence) is around £40 - 50k. Such an award would be staggering good. The employers costs would depend on the area of the country, whether they have in house leagl advisers and the amount of external legal support they would require - but probably between £15 - 20k at the low end - possibly rising to £30 - 35k at the high end. But that latter figure would be very high for a case such as you describe - frankly I would doubt it would get anywhere near this, simply because there is no burden of proof (so less work to do!) on the employer. It certainly wouldn't be at all likely to go beyond a tribunal. However, since this is costs for the whole tribunal process, the employer if they were inclined to settle simply to avoid costs, will be looking to save a lot of money - so a settlement figure is likley to be below the low end mark - possibly as low as £10k.

 

You have not a cat in hell's chance of defamation in any shape or form - this is a separate case, it is High Court, and your court deposit will be £10k to make a claim.

 

I'm sorry but you are deluding yourself if you expect even a fraction of your lowest figure. I recently settled a sex discrimination claim against a wealthy employer. I had absolute and irrefutable proof of sex discrimination and mental injury over a significant period of time. The settlement was for £64k - this was an absolutely fantastic outcome for the case, and probably more than the tribunal would have awarded, and was based on proof that the employer could not refute in any way. On this basis, if you have little or no evidence and you are claiming constructive dismissal (which we were not - we had the benefit of unfair dismissal) then you can see that what you are thinking about asking for is wholly unrealistic.

[meekmeek]

the legal advice i kept getting was its been 3 months its too late to ask for a tribunal

my point being forget tribunal - they - the company are already got some grievance - settlement process inplace

 

so please hypothetically treat it as if there is evidence that either i list below or even something bigger that would become known to me if i asked for work records if i was to go court for civil action about harassment or discrimination

 

ok revealing a lil more info to aid people[facts not hypotheticals below]

the investigations and chats have no formal title and it is not a tribunal - yes not a tribunal

the way its sounding is a hush hush settlement investigation / meeting [informal although note taker their and also i allowed and took a excolleague to these 'chats']

 

proof i have in my personal possession

- 30+ written memos mentioning my medical symptom in a negative manner [handed to me over 9 month period] [possible 90 memos if i asked work for all of my work records]

- written investigations and reviews saying [not verbatim to protect identity] that they did not want me in the business

- also statements from other stores nearby that the symptom would make it hard - impossible for them to take me on if i asked for a transfer

- 5 witness interviews with colleagues noted saying how publicly how the manager wanted me out

- 2 statements from other managers saying my name was on a hit list of people my boss wanted to get rid of

[my boss known as a grimreeper for years now so they happy to be honest in my case]

 

then there is the disciplinarys where one was entitled failure to follow manager tasks - if proven [manager tasks had no affect on my jobrole and had to be achieved in own time]

basically to sort out symptoms in own time - yet there is no magic pill to rectify it 100% so they said i had not even tried [they have no proof i did or did not try on their side and ignored the proof i did supply] - resulting in verbal warning and appeal kept same decision [as if they not care what i did they just wanted to start the 3 stage disciplinary to sacking process]

 

another disciplinary about possible gross misconduct where there are 25 people in department that could also have been accused as the audit trail only resulted in items being missing - no how or who - but only i was investigated [lack of proof of link to me]

 

i was also taken on years ago with known medical problem and visible symptoms as part of a trial run and recruited after as my positives outweighed the negative visual impact id project towards customers and working 9 years with no negativety leads me to believe my condition although does not project positive professional image it has formed a contractual term/condition of employment which new manager had breached by stating he wants me out because of it

 

keyword to google that explains medicals - cretinism

 

but new manager ignored the trial run [not normal practice in this company to even do trial runs normally - but its noted on record that i was a special case and taken on afterwards]

manager neglected to acknowledge i have a birth defect even after [again on record] me showing google symptoms lists and doctors letter stating medical condition exists just to try getting him to understand the issue - in my early niavity that i thought he purely just didnt know me well

 

sorry i didnt wanna say too much as what i say could give away too much about identity

 

they are holding their cards close t their chest so i dont know why they phoned me after over a month of resignation and THEM not me using the words constructive dismissal and compensation

 

i just grabbing all the info i can from different sources to try and work out what triggered the spontaneous call to me after resignation and why even 4-5 months they still investigating - which from chats so far look to be weighing in my favour

Edited January 16, 2011 by meekmeek