Is there any vindication 18 months after tribunal?

[Marianne7]

I was bullied at work by a new practice manager, having been in post prior to her arrival for 4.5 years ~ I wasn't the only one. Two other employees were given disciplinaries during December/January ~ an unheard of situation in a small practice employing 25 people. Wrote to partners asking them to look into this, their response was to call me to disciplinary while I was off sick. I felt could no longer work in that situation, found another job but the offer was withdrawn because I was given a bad reference "she is very independently minded and this has lead to problems in the workplace". Colleagues at work were afraid to support me because of the harrassment and bullying that was going on at that time. Took my former employers to tribunal, represented myself while they had a barrister, heard this person lie under oath, one colleague appeared as a witness for me but I lost the case, at Bedford, after they deliberated for 3 weeks.

 

This practice manager has now left the practice under some sort of cloud, having had a grievance against her by another employee, and the partners have admitted that she caused them a lot of trouble. I don't know the details of her leaving, because it's being kept under wraps.

 

During this time I have suffered depression, have had no work (with the outstanding poor reference not helping), have been living on benefits but worst of all I lost the job I loved and was good at, and even lost the chance of a new job because of this person. Is there anything I can do now that it has been shown that she made a habit of bullying, harrassment and lies?

[ms_smith]

The only thing that comes to my mind is civil court claim for harassment including that connected to references. You have got 6 years to bring such claim to county court. As ET has now been concluded however and you didn't claim victimisation from poor references, this might be your main obstacle to convince court why your claim should proceed.

Have you tried calling ACAS or other legal helplines... ?

[Marianne7]

Thank you for responding. At the ET the poor reference was gone into in some depth and one of my employers was questioned quite critically about it, although it didn't form part of my claim of constructive dismissal, which was based on the bullying and harrassment.

 

So it might be possible to pursue this through the civil courts? I do feel very strongly about this and would like to do whatever I can, but would it be possible to get any help with legal costs for such a case?

 

I am now 60, was 58 when this first started, had worked all my life in NHS and education, without any problems about my work or with colleagues. This incident completely changed me, and my situation.

[ms_smith]

Can you find someone else from your previous job that could provide references? What was your job specification? Perhaps there were other senior members of staff you were working with on a daily basis and who could act as the referees? Their opinion also counts.

 

If you received those bad references after you resigned, then it would be illogical to include this aspect in your constructive dismissal claim. I was rather wondering whether you later issued another claim to ET, of victimisation in the form of bad references, claim of which would probably be combined with the rest of the case.

 

As for the help with legal costs, I can only advice to contact CAB, I'm afraid.

[stu007]

Hi Cadusea

 

Personally i would do a SAR to your previous employer asking for a coy of that reference given to new employer, as they are not allowed to give a bad reference these days if im wrong please correct me

[Marianne7]

I have seen the reference ~ I asked for a copy from the organisation which offered me the job and subsequently withdrew the offer after they received the reference.

 

It was done on a printed form, and the first part was glowing as to my abilities. All, that is, except the last sentence, which said

" C is very independently minded and this has lead to problems in the workplace".

 

Then a tick box question: would you employ this person again? And the response was NO

 

Prior to the arrival of the new manager all had been well at my workplace ~ I had been there 4.5 years with absolutely no problems, quite the reverse in fact. My hours and my responsibilities had been increased over that time, from 12 hours initially, and ending up with 35 hours per week. If I had been poor at my work, or a trouble-maker, surely this would not have happened. It was a very small place, employing approx 25 people, some part-time, some full-time. Furthermore it was a completely non-hierarchical organisation with input from employees being welcomed, until the arrival of the new manager.

 

I know this would all appear to be finished and done with, but it has had a tremendous effect on my life and confidence and now that the person chiefly responsible for this has been "found out" I really need some way, if possible, of achieving some recompense (not necessarily financial) for what happened.

[Marianne7]

No media people at my ET, certainly no one taking notes. My employer answered several of the judge's questions with a lie and I was not allowed to come back to that (represented myself). The judgement was not decided on the day but when I received the ruling 3 weeks later I felt it was a Pyrrhic victory because I'd seen and heard her lying under oath about a factual matter. Not a lot of comfort, but I knew she'd lied, and she knew she'd lied and several other people in the room knew it too.

[Browncow]

Yes I agree. Although they lied rather well, they know that I know that they know that are liars. I am sure that the judge knew that they were lying too as he would have had about 30 years experience of porkies but it did not seem to matter all that much. Appaling nonetheless.

 

I take it that you won but I understand what you mean about the Pyrrhic victory. I could not have faced representing myself and really admire you for doing that.

[professional1964]

I just looked up Pyrrhic victory. Was it really too great a cost even if you won?

[Marianne7]

No, my mistake ~ not really Pyrrhic ~ I lost my case, even tho' it seemed to be going my way towards the end. What I meant was that even tho' I lost, I felt I'd won because I looked into her eyes while she was giving evidence and knew she was lying on oath. So sorry folks, got the expression wrong, but hope you all understand what I mean.

[professional1964]

Oh its a shame you didn't win - especially as they were lying, but like you say that person has lied under oath so she obviously has no conscience. I have lost faith in Employment Tribunal and I haven't even hard my pre hearing review yet!

[billybobyeeharrboy]

Hi mate,

 

sorry to hear of your loss, is there scope for review/ appeal of the decision?

 

regards