Unfair, Wrongful or Constructive dismissal?

[lindyhop]

i need assistance with employment law, and personal injury claims. i would appreciate any advice that fellow CAG's can provided

Work Related Breakdown

i suffered a work related breakdown a year ago approx, however despite the problems at work i loved the actually job itself and always intended to return to work when i was well enough to do so, however i was pre empted financially and returned October last year and at that point formally started my grievance.

 

like most people i had not idea of how a grievance procedure would work, so it was a massive learning curve. it is so unbelievably stressful and im still not fully well.

 

all of the stresses remain as nothing had changed within the team on my return and my health has again deteriorated. Occ Health have recommended in writing that my place of work is toxic to my full recovery and i should leave. my p/trist is saying the same, as is my counsellor. they have all made clear that outside of that environment my health should improve enough for me to get another job doing the same type of work but with a different organisation!

 

my question is this. is it possible for me to take civil action over and above tribunal action against my employer for the pysiatric injury they have caused me, in addition to which i had lost all my body hair. my head remains bald and i have to wear a wig, my eyebrow are going again, my arm and leg hair have gone, however my pubic hair did grow back a little. i am very grateful that my eyelashes have grown back - but for how long. i have been tested medically, the is no physical reason for the universal hair loss.

constructive dismissal

i am aware that the issue of constructive dismissal and discrimination can only be held in a Tribunal. but i would want to know how p/injury would work in a civil court, and could this take place more quickly than a Tribunal, and although not the right venue, will the issues of the discrimination, harrassment, bullying and victimisation come out at a civil hearing?

 

i have an outstanding grievance appeal taking place by the end of March, it is likely to be negative,

 

a little more detail

 

first 'last straw' - manager held PPP (nearly 2 years since the previous one) tells me basically im c.... and that my colleagues have all complained about me, and gives examples of complaint. Fair enough. however all of this has come out of nowhere. manager provides no discussion or plan on how to resolve the situation between me and the rest of team, and goes off on 2 weeks holiday. naturally this has a devasting affect on my feeling toward the manager and the rest of the team, i have believed what he is saying.

 

i make complaint to manager on his return and challenge all his accusation and complain that if the situation were true how is it he didnt try to help resolve the situation? i copy in HR. manager writes back taking no responsibility claiming i have misinterpreted and didnt say some of the things. my complaint was comprehensive and i gave back to him all the examples that he had used! a meeting was held. HR had lead me to believe that the meeting was a grievance as laid out in their policy, but it was a mediation meeting whereby the manager states again that i have mis interpreted and that in fact no one had complained about me - he failed to give any further information. he actually stated that i was made for the job. on hearing this however instead of making me feel better it devasted me further. i couldnt understand how he had done this to me in the first place. i had worked so hard and was so proud of the work. i went into freefall. from the time of the meeting with manager to what i thought was a grievance meeting was just over 2 months during which time there was a complete and utter breakdown between me and the rest of the team.

 

i was signed off sick with work sky high blood pressure and related stress which i had desperately been trying to ward off.

emloyer contact during sick leave

during sick leave, the manager above my manager demanded to to see me, didnt advise that i could be accompanied and during the meeting told me basically that the best thing for me was to get my arse back on my chair and that in their experience involving the medical profession would mean that i would be off work longer! remember this talk at me is whilst i am unwell and vulnerable. end result even more freefall.

 

during my sick leave there were a bombardment of letters from work, which stressed me out further than you can believe i felt hounded. i thought that it would be better to return to work even thougth my GP didnt think i was ready. i thought that it would be best to stop the hounding and make sure their were no more meetings with my managers manager.

phased return meeting

GP formally recommended this. unfortunately he did not specify a time. managers manager didnt want to follow GP's advice and tried to insist instead that if i felt tied i went home. luckily an HR officer was present and had to remind manager that it was normal in such circumstance and length of time away that a phased return take place. manager reluctantly agreed to 1 week! there was mention of a review, but no details of when the review would take place or who with.

 

naturally 1 week was not enough. situation with team not resolved. i approach HR for help and am basically told to go away. i return to my GP who tries not to give the 'i told you so' and signs me off again. long term sick which brings me back to my return last year.

Discrimination bullying and harrassment

prior to the first last straw i had been suffering discrimination harrassment and bullying from another member of the team for a couple of year which i didnt handle very well. i absorbed it - but this just caused me to lose my body hair. i genuinely believe that this new member of staff would get used to me being there, also i had hoped that other members of the team would come to my defence when i was under attack from this 'colleague' - but no one did, some of them even joined in. this colleague was good at getting others to express their prejudices and the others knew better. i felt so isolated, ashamed and scared to say anything just in case they thought i was the one with the problem the one with the 'chip' so i said nothing. there was no one or manager that i had any trust or confidence in that i could take this matter to, so i suffered in silence, until the breakdown came.

Employers investigate the complainant

on making the complaint my employers carried out an investigation - a shock to me, a bigger shock was later learning that they had carried out an investigation on me too. thank God i was good at my job, good things were said about me. so they cant get me on that angle.

grievance 1 outcome

it transpired that others had complained also about my 'colleague' and my manager showed up themselves good and proper at the hearing. recommendations. words would be had with colleague and manager, but no grounds for discrimination - however....

appeal

'colleague' had actually admitted to what they thought would be a lesser complaint that they thought they could get away with, but this put employers in difficulty and they had to make a statement at the appeal confirming that at least one act of discrimination had taken place. it was agreed (and is on tape) that i was the brunt of this 'colleagues' abusive behaviour

promotion of the main perp

it was always the intention of my 'colleague' to get me out of the team and take over my Officer status and effect they way up from what they considered to be a lowly administrative position. they have now achieved this. even with the outcome of the grievance they still hold this position. what does this say?

Victimisation (final 'last straw')

managers manager has not taken too kindly to my complaint and raised awareness of what's going on in one of their departments and has targeted the 'trouble maker' me. a serious incident of victimisation has recently taken place. but i am covered by a 'protected act' and acted immediately. i put in a grievance about the harrassment and bullying by this particular manager. naturally management have stuck together. so i am just about to put in an appeal.

Back to the start again

this brings me round to where i started. based on the medical recommendation i think i will have to leave my job immediately i am notified of the appeal decision otherwise i will lose any rights i may have to claim constructive dismissal. i am not sure i want to claim this anyway as i would prefer the matter to go to civil court, where i can completely sue the a... off these people for what has happened to me over the past 18 months.

my medical state

the complete and utter indignity of having to constantly wear a wig and a cheap one at that as i dont have the money to buy a decent one. how further freakish i look without eyebrows. the constant eye infections because of no eyelashes, or where they were just coming loose and falling into my eye - the constant rubbing. im not so distressed about the rest of the body hair - no on sees any of it. im on medication up to my eyeballs. i have a diagnosed prolapsed disc and whilst of sick couldnt even put my knickers on or use the WC without putting a bucket on it first as i couldnt sit. thankfully my mobility is such that i can get around better, but i walk with a limp now, and still prefer to use the disable WC as they are a little higher. the constant pain in my back, shooting pains and numbness in my left leg is sometimes unbearable. also since being back at work apart from the deterioaration again of my mental state i have the additional indignity of repeated boils on my arse - what the hell is that about?

 

i do hope that there is someone prepared and/or managed to read through this and provide advice or answer my query.

 

Thanks

[honeybee13]

Hello there. You have been through the mill, haven't you? I hope we can help you through your employment problems.

 

If you go for a PI claim, I know in the past no win no fee lawyers have been mentioned on here. You could try ringing some local ones and see what reaction you get. That won't cost you anything and you'd be better informed afterwards.

 

Do you have any legal protection cover with your house insurance? Some people have claimed on that.

 

My best, HB

[Browncow]

i need assistance with employment law, and personal injury claims. i would appreciate any advice that fellow CAG's can provided

Work Related Breakdown

i suffered a work related breakdown a year ago approx, however despite the problems at work i loved the actually job itself and always intended to return to work when i was well enough to do so, however i was pre empted financially and returned October last year and at that point formally started my grievance.

 

like most people i had not idea of how a grievance procedure would work, so it was a massive learning curve. it is so unbelievably stressful and im still not fully well.

 

all of the stresses remain as nothing had changed within the team on my return and my health has again deteriorated. Occ Health have recommended in writing that my place of work is toxic to my full recovery and i should leave. my p/trist is saying the same, as is my counsellor. they have all made clear that outside of that environment my health should improve enough for me to get another job doing the same type of work but with a different organisation!

 

my question is this. is it possible for me to take civil action over and above tribunal action against my employer for the pysiatric injury they have caused me, in addition to which i had lost all my body hair. my head remains bald and i have to wear a wig, my eyebrow are going again, my arm and leg hair have gone, however my pubic hair did grow back a little. i am very grateful that my eyelashes have grown back - but for how long. i have been tested medically, the is no physical reason for the universal hair loss.

constructive dismissal

i am aware that the issue of constructive dismissal and discrimination can only be held in a Tribunal. but i would want to know how p/injury would work in a civil court, and could this take place more quickly than a Tribunal, and although not the right venue, will the issues of the discrimination, harrassment, bullying and victimisation come out at a civil hearing?

 

i have an outstanding grievance appeal taking place by the end of March, it is likely to be negative,

 

a little more detail

 

first 'last straw' - manager held PPP (nearly 2 years since the previous one) tells me basically im c.... and that my colleagues have all complained about me, and gives examples of complaint. Fair enough. however all of this has come out of nowhere. manager provides no discussion or plan on how to resolve the situation between me and the rest of team, and goes off on 2 weeks holiday. naturally this has a devasting affect on my feeling toward the manager and the rest of the team, i have believed what he is saying.

 

i make complaint to manager on his return and challenge all his accusation and complain that if the situation were true how is it he didnt try to help resolve the situation? i copy in HR. manager writes back taking no responsibility claiming i have misinterpreted and didnt say some of the things. my complaint was comprehensive and i gave back to him all the examples that he had used! a meeting was held. HR had lead me to believe that the meeting was a grievance as laid out in their policy, but it was a mediation meeting whereby the manager states again that i have mis interpreted and that in fact no one had complained about me - he failed to give any further information. he actually stated that i was made for the job. on hearing this however instead of making me feel better it devasted me further. i couldnt understand how he had done this to me in the first place. i had worked so hard and was so proud of the work. i went into freefall. from the time of the meeting with manager to what i thought was a grievance meeting was just over 2 months during which time there was a complete and utter breakdown between me and the rest of the team.

 

i was signed off sick with work sky high blood pressure and related stress which i had desperately been trying to ward off.

emloyer contact during sick leave

during sick leave, the manager above my manager demanded to to see me, didnt advise that i could be accompanied and during the meeting told me basically that the best thing for me was to get my arse back on my chair and that in their experience involving the medical profession would mean that i would be off work longer! remember this talk at me is whilst i am unwell and vulnerable. end result even more freefall.

 

during my sick leave there were a bombardment of letters from work, which stressed me out further than you can believe i felt hounded. i thought that it would be better to return to work even thougth my GP didnt think i was ready. i thought that it would be best to stop the hounding and make sure their were no more meetings with my managers manager.

phased return meeting

GP formally recommended this. unfortunately he did not specify a time. managers manager didnt want to follow GP's advice and tried to insist instead that if i felt tied i went home. luckily an HR officer was present and had to remind manager that it was normal in such circumstance and length of time away that a phased return take place. manager reluctantly agreed to 1 week! there was mention of a review, but no details of when the review would take place or who with.

 

naturally 1 week was not enough. situation with team not resolved. i approach HR for help and am basically told to go away. i return to my GP who tries not to give the 'i told you so' and signs me off again. long term sick which brings me back to my return last year.

Discrimination bullying and harrassment

prior to the first last straw i had been suffering discrimination harrassment and bullying from another member of the team for a couple of year which i didnt handle very well. i absorbed it - but this just caused me to lose my body hair. i genuinely believe that this new member of staff would get used to me being there, also i had hoped that other members of the team would come to my defence when i was under attack from this 'colleague' - but no one did, some of them even joined in. this colleague was good at getting others to express their prejudices and the others knew better. i felt so isolated, ashamed and scared to say anything just in case they thought i was the one with the problem the one with the 'chip' so i said nothing. there was no one or manager that i had any trust or confidence in that i could take this matter to, so i suffered in silence, until the breakdown came.

Employers investigate the complainant

on making the complaint my employers carried out an investigation - a shock to me, a bigger shock was later learning that they had carried out an investigation on me too. thank God i was good at my job, good things were said about me. so they cant get me on that angle.

grievance 1 outcome

it transpired that others had complained also about my 'colleague' and my manager showed up themselves good and proper at the hearing. recommendations. words would be had with colleague and manager, but no grounds for discrimination - however....

appeal

'colleague' had actually admitted to what they thought would be a lesser complaint that they thought they could get away with, but this put employers in difficulty and they had to make a statement at the appeal confirming that at least one act of discrimination had taken place. it was agreed (and is on tape) that i was the brunt of this 'colleagues' abusive behaviour

promotion of the main perp

it was always the intention of my 'colleague' to get me out of the team and take over my Officer status and effect they way up from what they considered to be a lowly administrative position. they have now achieved this. even with the outcome of the grievance they still hold this position. what does this say?

Victimisation (final 'last straw')

managers manager has not taken too kindly to my complaint and raised awareness of what's going on in one of their departments and has targeted the 'trouble maker' me. a serious incident of victimisation has recently taken place. but i am covered by a 'protected act' and acted immediately. i put in a grievance about the harrassment and bullying by this particular manager. naturally management have stuck together. so i am just about to put in an appeal.

Back to the start again

this brings me round to where i started. based on the medical recommendation i think i will have to leave my job immediately i am notified of the appeal decision otherwise i will lose any rights i may have to claim constructive dismissal. i am not sure i want to claim this anyway as i would prefer the matter to go to civil court, where i can completely sue the a... off these people for what has happened to me over the past 18 months.

my medical state

the complete and utter indignity of having to constantly wear a wig and a cheap one at that as i dont have the money to buy a decent one. how further freakish i look without eyebrows. the constant eye infections because of no eyelashes, or where they were just coming loose and falling into my eye - the constant rubbing. im not so distressed about the rest of the body hair - no on sees any of it. im on medication up to my eyeballs. i have a diagnosed prolapsed disc and whilst of sick couldnt even put my knickers on or use the WC without putting a bucket on it first as i couldnt sit. thankfully my mobility is such that i can get around better, but i walk with a limp now, and still prefer to use the disable WC as they are a little higher. the constant pain in my back, shooting pains and numbness in my left leg is sometimes unbearable. also since being back at work apart from the deterioaration again of my mental state i have the additional indignity of repeated boils on my arse - what the hell is that about?

 

i do hope that there is someone prepared and/or managed to read through this and provide advice or answer my query.

 

Thanks

You make no mention of a trade union. Ar eyou in one or is there one covering your workplace? Personal Inury claims can be made through a union too.

 

You seem aware that it tends to be either Tribunal or County court and seem wise to be leaning towards the latter as Tribunal awards are stingy.

 

I think that you should discuss the matter with a legal aid solicitor as soon as possible so that you can decide whether resignation or a further period of sick leave is your best option.

 

 

Community Legal Advice

 

Community Legal Advice (CLA) is a free and confidential advice service in England and Wales paid for by legal aid.

 

 

If you are living on a low income or benefits, you may be eligible for free specialist advice from legal advisers on issues including: benefits and tax credits; debt, education; housing; employment; and family problems.

 

The advice is independent and confidential. Community Legal Advice will ask you questions about your problem and find out what help you need. You will be asked a number of questions about your finances to see if you are eligible for legal aid.

 

Community Legal Advice has a free translation service available in 170 languages.

 

 

Helpline 0845 345 4 345

 

Opening hours Monday to Friday 9.00 am to 8.00 pm, Saturday 9.00 am to 12.30 pm

 

 

email

[email protected] Please note this email address is for feedback and complaints only.

 

 

Ask for a call back Opens new window

https://forms.direct.gov.uk/forms/form/277/en/community_legal_advice-call_back_service

[papasmurf1cx]

Been this route with my wife.... the short answer is that the route for a personal injury action is not impossible but highly improbable given the evidential bar that the judges and lawyers put on it. The lawyers will always in work place problems advise to go the Tribunal route.

 

In Discrimination / victimisation cases compensation is potentially unlimited, albeit that this almost never happens.

 

Don't waste your time on trying to persuade a solicitor to go the PI route it is wasted energy.

[benny1970]

You should go the PI route and not employment as you will not get your legal costs back in employment tribunal. Also awards are limited. You will have to pay out for medical expert etc. However in PI you can claim legal costs back if you win and not pay out medical costs upfront. A solicitor will tell you straight away if you have a case. Your mental illness will need to be diagnosed by an independent legal expert. So go the PI route only. You are looking at three years plus for complex cases in court.

[lindyhop]

thanks to fellow Caggers who have taken the time and engery to read through my issues and provide advice.

 

my condition has been worse recently which is why i have not responded earlier. if you have suffered with severe depression you will have some understanding that there are periods of suffering so deep you close down completely, and you have to wait for your meds to kick in to literally start you up again.

 

anyway.

 

tried PI, but having difficulty with finding a solicitor to take on PI route, keep being referred to ET. so going to proceed with this up to a certain stage, whilst still trying to source a solicitor for PI.

 

in the meantime, apparently i need to submit a questionaire and ET1. tried to google both these words, but nothing comes up. can these documents be found on the internet? i have made contact with a solicitor who could undertake the questionaire and ET for me, but it will cost a lot of money that i dont have at the moment. i was wondering if i could complete and submit these forms myself and have the solicitor pick it up should the need still be there nearer the time.

 

plus any ideas for PI solicitors in the south east area that would consider a case that has ET links?

 

thanks and regards.

[papasmurf1cx]

Seriously... don't waste your time on the PI route, as I said solicitors will refer you to the ET.

 

DL 56 http://www.equalityhumanrights.com/advice-and-guidance/your-rights/using-your-rights/taking-a-claim-to-county-court-england-and-wales/4-statutory-questionnaires/

 

ET 1 http://www.justice.gov.uk/forms/hmcts/employment

 

Just try googling the forms and the info will pop up !

[becky2585]

In this case it would actually be best to work through the ET claim and then bring a psychiatric injury claim in the county court. The tribunal can't award damages for psychiatric illness, which is why a PI claim is brought.

 

Just looking ahead, if your ET claim was to settle, usually the settlement agreements would contain a clause preventing you from pursuing any PI claims that you are currently aware of. I'd recommend speaking to a law firm with both an employment and personal injury department.

[lindyhop]

the responses have been really useful, and im really grateful for the links to the forms.

 

one other point. OH are looking at ill health early retirement. however i am not in a pension scheme with my current employer, so i dont think i will be covered. however i have 2 previous pension scheme contributions, which where for a short time only, but....

 

question, if by chance i am covered by former pension contributions, can i claim this, and still proceed to ET and or PI. especially as it is the current employers that have caused my condition,

 

thoughts please.

 

Regards

[papasmurf1cx]

If OH are looking at ill health retirement and they can't offer a pension, then they would have to put something forward for you to agree to. Normally these negotiations are done between solicitors. Most cases settle before going into a court hence it is best to have legal advice on your side, so you are not shafted. Can't answer the pension query.

[honeybee13]

Hello again.

 

I think you need to be really sure what your previous pension schemes might cover you for in terms of illness and early retirement before you act. If you were only there for a short time, it could be nothing.

 

As regards your current employer, do they have an insurance policy that could pay out something for ill health early retirement if you're not in a pension arrangement with them?

 

You really need to have facts in writing before you take any major steps as I see it.

 

The other guys here will advise you about the legal side of things, but please don't assume anything in pension terms.

 

My best, HB

[lindyhop]

Thanks again for your support and advice.

 

my employers solicitors are currently dealing directly with me. the OH's letter recommending ill health early retirement has not reached my employers yet, and i havent bothered to tell them its coming - the OH letter will reach them soon enough. i will take the advise provided and wait and see what my employers solicitors propose. in the meantime i propose to submit the questionaire and submit the ET1.

 

do i have to submit the questionaire prior to submitting the ET1?

 

does ill health early retirement mean that i cannot proceed to ET or persue PI if i need to?

 

i have tried to find some information on this through other threads but no luck yet - anyone aware of any links?

 

i have checked my previous pension and it would appear that with the relevant OH certificate an early claim could be made, i wouldnt get very much, but at least could use these funds to pay a solicitor to take on my current employer or does it not work like that?

 

Regards

[papasmurf1cx]

The questionnaire is normally sent before submitting an ET1 because it was designed to concentrate the minds of employers to question their actions and address issues. However with time restraints being as they are employers merely ignore them and you will be lucky , actually VVVVVVV lucky if they even bother to answer it. If they do they will deny everything anyway. It is still important to submit it though because the ET Judge will want to see if they did address the issues and will be asking the very same questions.

 

So do both but ensure that ET 1 time limits are complied with.

[lindyhop]

Thanks Papa. i will take your advice, and ensure that both are submitted.

 

i am hoping to help save on costs to complete and submit the questionaire myself. if i leave out names etc can other CAG members look over my draft and point out any shortfalls or is this not the done thing?

 

i have been quoted about £1,000 for a solicitor to do both documents for me, i dont have the money, and my local CAB just passed me on to a local solicitor who was very annoyed that the CAB was giving out his contact details and gave me short shift. unfortunately i do not qualify for legal aid - im just over the whatever it is!

 

i guess this was never going to be easy.

[lindyhop]

Hi all.

i was wondering if there were any caggers out there that had submitted a discrimination questionaire, and who could give some advice, and/or check over the information i want to submit for any shortfalls.

 

alternatively could anyone link me in to another thread where this process has already been undertaken so i can make sure i am including all the main facts.

 

Thanks

[rebel11]

Hi lindy

 

Heres some info:-

 

SD74 Sex discrimination Questionnaire - Equality and Human ...

 

RRA

 

How to use the questionnaire procedure in cases of disability ...

 

Thread has been moved to the correct forum.

[lbruk]

i have experience in disability discrimination if that helps?

[papasmurf1cx]

We can but try and help. This is not an easy process and is very stressful. You have to have a determination about you to succeed. You also need to read up on the law and procedure. One can become quite knowledgeable, but the law changes and you can also get out of date quite quickly too. Solicitors do this for their own living so they are never going to be cheap. The opposition solicitors will employ every trick in the book to wear you down.

 

The point I am trying to get over to you is that you could get even sicker as the process can contribute to this and you may wish you never started, so go forward with your eyes open or reconsider your position for the good of your health.

[lindyhop]

Hi Papa

 

already i am in the state of wishing that i had never started this, and had the audacity to make a complaint about what was going on.

 

however, now that i have started it, i am determined to continue, my employers have not acted sympathically, having added to my distress they have done the opposite of what they would hope and hase increased my resolve to continue. they are already resorting to tricks, and are denying that they have any connection to my illness. the funny thing is that even the Occ Health that they employed contributes my illness directly at their door and has confirmed this in writing! this is also backed up by my GP and p/trist.

 

however....

the questionaire. i am absolute rubbish at 'linking' so can i cut and paste the information removing names etc and post on this thread.

 

can i also start a seperate thread on the ill health early retirement issue? i would like to get a bit more information about this as apparently this is definately going to be the rec. from my p/trist and my employers Occ health - apparently it takes 2 dr's to agree it(?).

 

my regards

[lindyhop]

Hi Pappa

 

would it be possible for me to PM you the details. the questions themselves i want to put to my employer i am happy to place in open forum (if i am allowed to) but the information describing the incidents themselves i would prefer to keep a little more private. this is because i know that at least one other person where i work visits this site as well.

 

thanks

[lindyhop]

Hi, i got yet another question.

 

if a an employee has put in a request for an ET, can the employer ask for your medical records going back to whatever date they want as part of disclosure prior to the hearing, or are they restricted to medical information only to your current condition prior to the hearing, but full disclosure demanded at the hearing itself?

 

sorry but couldnt find a thread that covered this.

 

thanks

[lindyhop]

Hi Becky2585,

 

would it be possible for me to PM the circ's (para 2) to you to do a quick check over, with me posting the questionaire questions on the forum for comment? Pappa would you prefer just commenting on the posted questionaire questions?

 

thanks guys.

 

if you can help i could do this on Monday if you are about then? anyone else to assist with this? all advice gratefully received.

 

Regards

[lindyhop]

Hi fellow Caggers, assistance again please. i dont know if it is the right thing to do or not, but i am proposing following through on negoiations that were started the other day. i have received a really scary letter from my employers solicitors, and want to send this response.

 

thoughts please

Without prejudice (they put this on their letter to me)

I acknowledge receipt of your letter dated the ,,,,,,,,,,. I respectfully decline the offer of £xxx as full and final settlement.

 

Please be advised that there is no need for me to revisit the level of the settlement , having refused this same offer originally made on the ,,,,,,,,.

 

The offer does not in my opinion offer financial recompense taking into consideration the facts of the case:-

 

the severe and ongoing detriment to my health, psychiatric injury which could be deemed an industrial injury, and which I am considering reporting to the DWP,

 

the loss of a job I was good at and wholeheartedly committed to,

 

the loss of training to ,,,,,,,,, which would have enhanced my future employment prospects,

 

detriment due to my now poor sickness record,

 

loss of income between ,,,,,,,,,,,, and ,,,,,,,,,,,,,,, and ,,,,,,,,,,,,,,,,, in excess of £xxx in net salary, and as a consequence debts that have build up during these periods,

 

my age,

 

economic climate,

 

detriment to future pension entitlement, due to pending ill health early retirement recommendation.

 

It is clear that by reason of the conduct of employees of my employers that I have suffered significant injury to feelings, and now constructive dismissal.

 

I therefore await your further response, and wonder if you would consider with further communication the deletion of 'without prejudice' and replacing it with 'without admission of liability'.

 

yours sincerely

　

Yours sincerely

[lindyhop]

Hi ibruk,

 

thanks for responding, but my case is not one of disability. i understand though doing a little bit of research that the principles are roughly the same.

 

if you have the time would you mind looking through my questionaire, to highlight what i should have included and what i should leave out?

 

i can post it.

 

Thanks again

 

Lindyhop

[becky2585]

Negotiations have to be done on a without prejudice basis, so this is always how letters should be addressed. As part of any settlement, I suspect it would be made without admission of liability in any event as that's the usual case!

 

The rest of the letter is fine, but if they made an offer then it's usually appropriate to either reiterate your first offer or put forward a counter offer, otherwise negotiations won't move anywhere.