Constructive dismissal? - ** SETTLED **

[dj1971]

I have been full time employed for the past 20 months as an office worker.

 

The first 12 months of my employment went relatively well as I was an absolute beginner and had never worked in a similar role before. It was not until I started to gain confidence and ability to do my job unaided the problems started.

 

My line manager would pick up on every little thing I had not completed to their satisfaction. Then gradually things got worse as my confidence grew and I started taking on new tasks. My manager would obstruct me at every possible opportunity and never ever gave feedback when I had done something well.

 

These relatively minor things built up until it started to have an effect on my health. I have suffered from a mental health condition since the age of 16 and had notified my line manager of this during my probationary period. I was having to take time off on work leave, visits to my gp were more frequent and eventually my medication was increased.

 

All attempts at excelling within my role were obstructed by my line manager at every possible opportunity. They became a bit of a jekyll & hyde character, acting all sweetness and nice to your face most of the time, but present any kind of alternative argument on something, or probe them and something and the switch was instant. My manger became loud, aggressive and intimidating in an instant and usually for very minor things.

 

This is all having more and more of an impact on my mental health and I am having to take more and more time off on sick leave. Eventually my Dr prescribed some anti anxiety medication after one particularly vicious verbal attack from the manager of my line manager, which result in me having a full blown panic attack.

 

During this period my father passed away and following his death my family became particularly nasty towards me. Obviously this too had a big impact on me, but I made my manager aware of the situation and what was going on.

 

The Jekyll & Hyde split personality in my manager is becoming more apparent as despite everything that is going on I continue to excel within my role and am now having a significantly positive impact in my role. Any and all attempts at making decisions for myself, acting on my own initiative, taking on of tasks outside my responsibility are now being met with an extreme and adverse reaction from my manager. Their true character is coming through now and the office has become a very uncomfortable place to be.

 

I tried talking to my manager about their behaviour and this had exactly the opposite effect as to the one I had hoped for. The bullying, abuse, insults and jumping on any opportunity to put me down at any opportunity is now common practice. Things got so bad that not knowing what else to do I submitted a formal grievance, the outcome of which was no case to answer, your manager has done nothing wrong. I then submitted an appeal against the grievance outcome which was allegedly investigated and subsequently rejected.

 

During the grievance procedure my employer requested I go for an independent medical assessment which I agreed to. The report diagnosed me as suffering from severe anxiety and stress caused by the situation at work. Of course my employers did not like that and are now trying to have the report amended.

 

As a direct result of my employers refusal to even admit there is a problem, let alone do something about it I feel they have effectively given my manager catblanche to treat me and anyone else in their team as they see fit. The effect on my mental health has been significant and I have decided in the interests of self preservation there is no way I can return to work and have given my notice of resignation with immediate effect, which of course they have gratefully accepted.

 

I want to claim constructive dismissal and would appreciate any help/guidance anyone can offer, particularly with completing the EA claim form ET1.

 

Many thanks

 

DJ

[dj1971]

Thanks dml,

 

Is good to know I am not the only one going through this and it is not all a figment of my imagination which senior management would have me believe.

 

I have already resigned from my employment as of 2 days ago. For my own sake and due to the severe impact on my mental health there is no way I could have gone back to work there. The behaviour of my manager towards me has already had a significant impact on my mental health and I feel I just could not take anymore, so was left with no choice but resign.

 

Many thanks

DJ

[dj1971]

Just to clarify, I have already resigned.

 

Rightly or wrongly in terms of building a case I have resigned and there is nothing can be done about that. So please stop advising me not to resign as it is now too late for that.

 

I did submit a grievance and then appealed the grievance outcome which was "no case to answer". Had a meeting with regional general manager last Thursday 30th May during which he advised he was rejecting my appeal as there is no case to answer.

 

Generally outside of work my mental health condition is very well managed with medication and I am lucky to have an excellent relationship with my GP.

 

The impact of my ex manager's behaviour and senior management's refusal to take action has been severe. I am unable to sleep properly, waking several times during the night and waking up more tired than when I went to bed. Just recently I am also having vivid dreams and nightmares about returning to work there.

 

My now ex employer are well aware of the impact all of this has had on me and have done nothing.

 

As a result I felt there was no alternative but to resign, following their rejection of my appeal which effectively gave my ex manager catblanche to treat me anyway they see fit. It would have been suicidal to return to work surely?

 

I have this afternoon contacted my GP who has arranged to see me this evening as an emergency appointment, will see what they have to say also.

 

DJ

[dj1971]

Thanks everyone,

 

I spoke with a "legal advisor" from a probably well known advice helpline last week and was advised I do not have a case for disability discrimination. But this did not seem right to me how they could decide I have no case after 1 telephone call lasting about 2 minutes.

 

So I took it upon myself to do some research over the weekend. Being quite encouraged by what I had found out I called another discrimination helpline and the outcome was completely different. The call handler evidently knew what they were talking about and actually listened to what I had to say, rather than hearing the first two sentences and interrupting me deciding they already know the answer without me explaining the full story.

 

Anyway it appears I may have a case for both constructive dismissal and disability discrimination, the ultimate decision on whether there is a case being with the employment tribunal of course. But at least I have had much better advice this time and have had confirmation it would not be a complete waste of time completing a claim to the employment tribunal. Cannot express how much better I feel today knowing that I am at least in with a shot of exposing my former manager and the company for what they are and at least put the wind up them by submitting a claim.

 

Where I really could use some help from you guys is in completing the ET1 form. I have over the past nine months kept a diary of events and have no problem writing these down to paint a picture on the claim form. However 1 section of the forms asked what I expect to gain from this process in terms of resolution. There is no way on this earth I would go back to work for my ex employer, so resolution would have to come in the form of compensation.

 

Does anyone have any serious and realistic advice or suggestions on how much I should be claiming, or even from where I can get some guidance on how much I should be claiming?

 

Really appreciate any serious help or guidance anyone can offer.

 

 

Regards

DJ

[dj1971]

Many thanks Stu,

 

They were actually the really helpful ones I spoke with today.

 

Unfortunately though they were not able to offer any advice on amount of compensation I should be claiming.

 

DJ

[dj1971]

Hi all,

 

Have now telephoned so many helplines including ACAS & Employment Tribunal helpline but not one seems to be able to help me with completing the ET1 claim form.

 

I have already gathered I do not at this stage need to complete the section of the form asking what I am looking for as resolution. The part I am now struggling with is section 5.2 "background and details of the claim". I started off completing this part with every detail ie on this day he was looking for such and such a document but I could not find it, then he said, then, I said, then someone else got involved and said, then he went back to speak with someone else, then I said, then he said............ There have been so many incidents I have already got to 10 A4 pages of additional information and still not completed.

 

My question: is it completely necessary to go into comprehensive detail about who said what to whom, or can I summarise the key points with something like he was rude and humiliated me in front of my colleagues, so I felt intimidated, threatened and humiliated.

 

Appreciate you thoughts and experience, especially from those who have already submitted their own ET1 form, or experience in helping others complete theirs.

 

Many thanks

DJ

[dj1971]

Hi All,

 

Have been working away on the ET1 and had a few days break away to clear my head and have a rest.

 

Believe I have now completed the ET1 and am ready to submit it. The method I have used is in section 5 to state the laws my ex employer have breached, when and how the breach occurred. Then in section 7 I have listed in chronological order the incidents which occurred with a brief outline of what happened and how it affected me.

 

Is this an acceptable approach to completing form ET1, or should I be taking a different approach?

 

Am really keen to get the form submitted and out of the way, so would really appreciate any advice/guidance anyone can offer

 

Many thanks

DJ

[dj1971]

ET1 completed & submitted for better or worse, out of my hands now.

 

Is such a good feeling to have started the ball rolling.

 

DJ

[dj1971]

Hi All,

 

Just a very quick update on my case.

 

Have submitted ET1 which has been acknowledged and accepted by ET.

 

Received letter and then email just yesterday from conciliator at ACAS notifying me of their appointment to my case and offering help.

 

My former employer have until 31st July to submit their ET3 form.

 

Is just a waiting game now to see whether ex employer submit a defence and if they do, what it will be.

 

Still suffering from the effects of all this and being closely monitored by my GP who has been absolutely fantastic. Referred me for CBT as she feels that will really help with the nightmares and lack of proper sleep.

 

Will of course update you guys as things develop and shout if I need any help.

 

Best Wishes

dj1971

[dj1971]

Thanks Ibruk.

 

Yes I am representing myself, so no doubt will be back before long looking for help.

 

DJ

[dj1971]

Thank you.

 

May I ask, did you go through the conciliation process with acas and if so how did you work out how much to ask for?

 

DJ

[dj1971]

I have received my employers response in their ET3 form.

 

My employer has been so predictable in their response. Deny everything, admit nothing, tell some lies and then deny some more.

 

There is one paragraph at the end of the form I am struggling with and am hoping someone can help me with.

 

Do not want to type the exact text on a public forum, though it goes along the lines of:

 

We deny unfair dismissal. If we did unfairly dismiss the claimant we will say that the claimant was dismissed either for some other substantial reason (SOSR) and/or for the claimants lack of capability.

 

Then they go on to stay words to the effect of:

 

Should the ET find against us we will say the claimants employment would have been terminated in any event of either or both SOSR and/or the claimants lack of capacity whatever procedure had been followed. Also, given the extent of claimants unreasonable behaviour, it is inevitable that we would have had reason to dismiss the claimant anyway.

 

Have they just admitted that even if I had not been unfairly dismissed, they would have sacked me anyway for lack of performance or SOSR? because I have never had any disciplinary for alleged unreasonable behaviour, been spoken to about alleged unreasonable behaviour or had any disciplinary action taken against me for alleged unreasonable behaviour.

 

BTW: Unreasonable behaviour they refer to in the claim form is bringing a grievance against my employer and alledging he is a bully.

 

Appreciate any thoughts feedback.

 

DJ

[dj1971]

Thanks Becky,

 

That makes it much clearer.

 

Though they would never have had any grounds to dismiss me for capability or SOSR as they have never raised any issues with my capability.

 

In fact I was doing so well in the job, changes things to allow them to work better, investigating discrepancies that had been outstanding for years and no one had ever bothered looking into, recovering substantial amounts of outstanding debts. That was part of their problem with me, I was doing too well in the job and uncovering issues with other people's work which they really did not like.

 

Seems odd I know that my employer would have a problem with me uncovering unsatisfactory work and improving processes, however that's how it was at my place of work. My manager felt threatened by my abilities and really did not want me to look good in front of his manager.

 

DJ1971

[dj1971]

Bump! Anyone able to offer some help please

[dj1971]

Now that is weird, could have sworn I wrote a question about next step after working through the respondents but it appears to have gone....

 

Anyway, my question was that having gone through the respondents grounds for resistance and collated a letter to their solicitor requesting copies of all the relevant documentation referred to, am I right in thinking next step is to send this letter to their solicitor and wait for them to return the documents?

 

DJ

[dj1971]

Quick update.

 

Opted to send the questions to my former employer through their solicitor and received a letter via email then printed copy through the post today stating that the respondent is not under any obligation to provide the documents at this time and will not be doing so until instructed by the tribunal to do so.

 

I have been through their ET3 and Grounds of Resistance (GOR) with a fine tooth comb and is unbelievable how many times they have contradicted themselves on the GOR. Just goes to show, you have to be a very good liar to remember your own lies and my former employers hr department are not good liars.

 

80% of their case is based on a medical report obtained from their Dr before I was constructively dismissed which in the whole was a good document, but for the last sentence stating I am not disabled for the purposes of the Equality Act 2010. I am claiming unfair constructive dismissal and disability discrimination. However, I have received a subsequent letter from the same Dr who wrote the medical report stating that the decision on whether I am disabled for the purposes of the Equality Act 2010 is a legal one, normally made by a tribunal and as he is not legally qualified, his opinion is just that, an opinion.

 

Happy days!

DJ

[dj1971]

Update,

 

Have received a letter this morning from the tribunal informing me of a case management discussion.

 

Am hoping someone can tell me what it isa d what do I need to do in order to prepare?

 

Appreciate your help

 

DJ

[dj1971]

Thanks Marie,

 

Certainly has helped me to understand what to expect.

 

Just to check, if I have understood properly the CMD is attended by a tribunal judge, the respondents solicitor & myself and is an opportunity to look at what the key issues are in this case, for the judge to set out a timetable of events eg. to set a date by which both parties must have forwarded to the other a copy of all documentation on which they intend to rely in their case. The judge will subsequently set a date for the tribunal hearing.

 

Hope I have got that right.

 

The bits I am struggling with are:

 

What id a cast list?

 

What is a scott schedule?

 

Appreciate your help

DJ

[dj1971]

Thanks Ibruk,

 

So do I have to provide a schedule of loss at the CMD, or is that for later on?

 

I am worried about the "schedule of issues" Don't really understand what I am supposed to put here. Does it have a particular format and what type of things can I put in?

 

My claim is for unfair constructive dismissal and disability discrimination so realise the schedule could start with:

 

1) Was the claimant unfairly dismissed?

2) Is the claimant disabled for the purposes of the equality act 2010 S6 (1).?

3) If the claimant is disabled, did the respondent commit unlawful discrimination against the claimant on xx date?

 

Am I on the right track?

 

Where the respondent has denied xx happened on xy date, can a part of the schedule be did xx happen on xy date?

 

Appreciate any help anyone can offer.

DJ

[dj1971]

Have completed a first draft of the schedule of issues.

 

FYI my claim is that:

1) I was bullied and harassed by my line manager. I tried to address the matter directly with my manager but to no avail. So I raised a formal grievance to the manager of my manager, which was rejected on the grounds of no case to answer. I submitted an appeal with the same outcome and subsequently resigned claiming constructive unfair dismissal on the grounds that through my employers failure to address the issues of bullying, they had made it impossible for me to continue working for them and left me with no choice but to claim constructive dismissal for breaching the implied term of mutual trust and confidence.

 

2) As a long term sufferer of depression & anxiety, was discriminated against through my employers refusal to make reasonable adjustments. (specifically training for my manager on how to manage someone with a mental health illness).

 

Would really appreciate if anyone could have a look at my first draft and amend/change as they see fit.

 

Many thanks

DJ

Issues for the court.doc

[dj1971]

Excellent,

 

Your continued assistance and support is very much appreciated.

 

I am going for "the last straw" concept in terms of constructive dismissal and breach of the implied terms of the contract "mutual trust and confidence"

 

Have therefore made some amendments to the issues for court document and would again really appreciate your feedback.

 

Did you approach the respondents solicitor in your case and agree the list of issues and draft agenda before the cmd?

 

Many thanks

DJ

Issues for the court.doc

[dj1971]

Wao!,

 

Is really generous of you to help out on the forum Becky.

 

Thanks for the feedback. Do you therefore suggest I keep the question at 1) just remove the issues a), b), c), etc.

 

The respondent is represented and I thought it would reflect well on me if I am seen to be actively participating in the process and trying to save the tribunal some time.

 

In terms of schedule of loss, how can I calculate the figures for injury to feelings and injury to health?

 

Kind Regards

DJ

[dj1971]

Thanks Becky,

 

I see it as being in my best interests to learn about the process, less likely to be conned or have the wool pulled over my eyes by the respondents representative.

 

Will post a copy of the schedule of loss once I have completed it, would really appreciate if you cast your eye over it.

 

Glad you enjoy your job, is really important to enjoy what you do.

 

Well I don't see any other employment lawyers giving of their time the way you do, so I for one am extremely grateful to you. Is a very humble thing to help out others who may not otherwise have access to the information they need.

 

Once again a huge thank you.

DJ

[dj1971]

Ok, I have done my best to complete a schedule of loss.

 

Would really appreciate if becky or someone knowledgable would have a look and share their thoughts.

 

Much appreciated

DJ

Schedule of loss.xls

[dj1971]

Thanks Ibruk,

 

I have made the amendments as suggested and would appreciate if you could give it 1 more look over.

 

I have also aded injury to health even though Becky has previously mentioned this does not exist in employment tribunals, as it is mentioned in the book I have been reading "employment tribunal claims - tactics and precedents" by Naomi Cunningham and Michael Reed. What are your thoughts on this?

 

Many thanks

DJ

Schedule of loss.xls