Constructive dismissal? - ** SETTLED **

[dj1971]

Thanks HB.

 

Had no idea when I started this process how stressful it would be, but we almost at the end now. Full merits hearing is scheduled for 26th April - 02nd May 2013, so lots to do in a short space of time.

 

DJ

[honeybee13]

You're going to be busy.

 

Once it's over, you won't know what to do with all the extra time! Or do you have plans?

 

HB

[dj1971]

I want to get back to work once all this is over and done with, get back on track and on with the rest of my life.

 

But yes you are correct, until I find a new job I won't know what to do with myself.

 

DJ

[Pusillanimous]

Thanks Pus,

 

A brief outline of events this morning at the PHR.

 

The judge granted my application to amend my claim if disability discrimination from failure to make reasonable adjustments, to one of direct disability discrimination.

 

He also granted the respondents application to amend their grounds of resistance with regards to the documents I disclosed to myself and my wife.

 

There is to be no changes to the bundle and anything I want included that is not I will have to put in a secondary bundle. So annoyed about this one as he has effectively condoned the respondents attempts to control the bundle.

 

I felt the judge was very biased in favour of the respondent, but nothing I can do about it now. Must remain focused on the direct disability discrimination claim and my former managers failure to send me for a risk assessment, which technically is out of time.

 

Onwards and upwards.

 

DJ

 

Congrats on the amendment. Don't worry too much about the supplementary bundle, although it is a pity not to have it included chronologically with the main bundle.

[dj1971]

Thanks Pus,

 

Is a minor irritation.

 

Some fantastic news though. I was speaking to one of my former colleagues yesterday and have found an actual comparator for my direct disability discrimination claim.

 

This colleague does not have a disability and went on sick leave for two months. They were forced to go for a risk assessment to assess for reasonable adjustments before being allowed to return to work.

 

DJ

[Pusillanimous]

Ask them for a witness statement while the iron is hot. Offer to write it for them while they dictate, or record onto a machine to transcribe later.

[dj1971]

Unfortunately they are not willing to be a witness and I would never try to pressure them.

 

The comparator is enough.

 

DJ

[dj1971]

Hi All,

 

A quick question please.

 

I have completed my witness statement and want to add a reference to certain documents in the bundle eg. It is my submission that by failing to follow the unplanned leave policy my manager did directly discriminate against me. I want to add a page reference here to the unplanned leave policy in the bundle, how should I present that?

 

DJ

[dj1971]

Bump!

 

Anyone able to offer any help?

 

DJ

[Pusillanimous]

Just put your cross reference in brackets (in your introduction, state that square brackets refer to bundle document page number reference). This is conventional.

[dj1971]

Hi All,

 

Just a quick update to say that I have reached a settlement agreement with the respondent.

 

Obviously I cannot disclose the amount or terms of the agreement, but they offered the figure I had always said right from the beginning if they offer this amount I will settle. The COT3 agreement was drawn up by ACAS.

 

Finally after twelve months the war is over and I can start to put this whole experience behind me and start moving forward with the rest of my life. Wife and I have booked a very nice holiday for ourselves in a couple of weeks time to celebrate and a bit of R&R.

 

A huge thank you to everyone who believed in me and supported me along the way. There is absolutely no way I could have come this far without use. I will continue to pop in from time to time and offer some experience where I can. This is a really important resource for people and I would love to be able to contribute and give something back.

 

Best Wishes

DJ

[Emmzzi]

so pleased it is finally all over for you. Celebratory cuppa ahoy!

[dj1971]

Thanks Emmzzi,

 

IS such a huge relief and a big weight off my mind, I had become obsessed with this letting everything else fall by the wayside.

 

Big thank you to you

DJ

[assisted blonde]

Enjoy your holiday

[honeybee13]

Hello there.

 

I'm so pleased for you, well done for hanging on in there. And we understand that you can't disclose confidential details, it would be to your detriment.

 

Well done also to the people who have helped you. I'll alter your thread title.

 

Please pop back to see us and help if you can, that would be great.

 

My best, HB

[monkeychicken]

I love it when I read cases like this

[rightsforme]

Well done, you can relax and celebrate now. Have just achieved partially same regarding pay. EAT for remainder of claim though so not over yet but can now focus and concentrate purely on that claim

[jackieandwayne]

Well done X

[dj1971]

Thanks Rightforme,

 

It was a long hard slog, but so worth it in the end.

 

Hope everything works out with your claim. It will get rough and at times you may even feel like giving up, but stick with it and use the forum here. I know I could never have got through it without the fantastic people on here.

 

Thanks to jackieandwayne also.

 

DJ

[rightsforme]

Thanks DJ know how rough it has been but that is changing now. Have posted on here about the EAT appeal for rest of claiming definately wont be giving up on it and that is not going to be as easy settlement for them.

[billybobynumeroduo]

Hi DJ,

 

Well done on winning/ settling your case. thats amazing news. I remember one point you were close to giving up, so well done the seeing it through to the end.

 

what are you going to do now with all this free time on your hands? will you be putting your lawcase skills to good use?

 

All the best wishes

 

BB

[billybobynumeroduo]

:grouphug::cheer2:

[Pusillanimous]

:whoo:I am pleased it has been settled to your satisfaction. Have a good holiday. Edited April 16, 2013 by Pusillanimous

[dj1971]

Hi All,

 

I really thought this case was over and done with, but unfortunately the respondent has not paid the agreed settlement within the 21 days time frame as per the COT3.

 

What are my options now?

 

DJ

[billybobynumeroduo]

Hi All,

 

I really thought this case was over and done with, but unfortunately the respondent has not paid the agreed settlement within the 21 days time frame as per the COT3.

 

What are my options now?

 

DJ

 

Hi DJ,

 

I have just seen your last post and wondering if you managed obtain your agreed settlement?

 

All the best

 

BB