Constructive dismissal? - ** SETTLED **

[Emmzzi]

You can complain to the CIPD, the regulatory body for HR, if you're unhappy with their performance, but be warned, its a long struggle, and in my opinion they tend to back HR staff.

 

You can indeed but you do not have to be a CIPD member to work in HR and they have "no striking" off powers. So it'd be a bit futile. They are not a regulatory body but a professional association.

[dj1971]

Thanks everyone for your support and guidance.

 

I have emailed the ACAS conciliator and rejected my former employers feeble offer of settlement and attached a copy of the schedule of loss we created on the forum here and marked it "without prejudice" wish I could be a fly on the wall when the HR manager receives the schedule.

 

In terms of the PI claim I have contacted claims direct and had a solicitor call me this morning requesting further details. Will get an answer on whether they are willing to take the case on or not sometime next week. The plan is providing this solicitor takes on the PI case, to provide them with any information requested and they allow them to get on with handling the claim, while I concentrate my energies on the ET claim.

 

Thanks Altobelli & Emmzi for the information about the CIPD. This particular HR manager is on secondment from the companies head office in another country, so I very much doubt they will be a CIPD member. Though even if they are, I have enough on my plate trying to get the PI claim off the ground and handling the ET claim.

 

My support person has agreed to attend the CMD on 14th with me which is fantastic news. They are brilliant at keeping me calm and focused on the job at hand. Actually just had a thought, is there any reason I cannot have a support person with me at the CMD, or just I be notifying the tribunal in advance?

 

Going away next weekend for a couple of days to get away from it all and some R&R time before the CMD. Is important for me to allow myself some relaxation and pampering during this whole process. Hope the weather will be good.

 

Wish everyone a fantastic weekend.

DJ

[altobelli]

You can indeed but you do not have to be a CIPD member to work in HR and they have "no striking" off powers. So it'd be a bit futile. They are not a regulatory body but a professional association.

 

True, they're a professional body which regulates their members via their Code of Conduct and Disciplinary Procedure. You're right, HR staff don't have to be a CIPD member, but the CIPD will tell you if an HR person is a member if you contact them. They can expel members in serious cases, that doesn't stop the person from working in HR, but is still not a good thing for the member concerned.

 

If HR staff are complained about, they're less likely to behave the same way again if they realise they're accountable and could end up in front of a disciplinary committee, so complaining to to the CIPD is hardly futile. Saying that, the complaints process is time consuming, may not be able to be raised if legal action is ongoing, and you may find they end up defending the HR person. But it costs nothing, and can give you some redress if you're unhappy with HR's performance.

[dj1971]

Any reason I cannot take a support person with me to the CMD, and if not do I have to request permission?

 

DJ

[dj1971]

Becky/Ibruk,

 

I did not know about the questionnaire for disability claims and read in an article online that it should ideally be sent before submitting ET1 but must be before receiving respondents ET3. Have I put myself at a disadvantage by not submitting a questionnaire and is it now too late to submit one?

 

DJ

[billybobyeeharrboy]

Hi Dj1971,

 

In my case I my solicitor did not even mention a disability questionnaire, I am unsure if this is the standard process to use a questionnaire but I am sure every bit of evidence helps.

 

Btw my case went completely tits up on the day, I cant comment on the late issue but there's no harm in trying

 

Regards

 

BB

[dj1971]

Thanks Billyboy,

 

What happened in your case?

 

DJ

[becky2585]

Not necessarily - I don't submit them in every discrimination claim.

 

I believe the last point to issue a questionnaire is within 30 days of issuing the ET1 after dismissal - but I'm not 100% sure on that. If the person is still in employment I guess it could be submitted anytime.

[dj1971]

Thanks Becky,

 

You are correct, the questionnaire must be sent within 30 days of submitting ET1 form.

 

So I am well out of time.

 

DJ

[lbruk]

I didnt submit one for my case, i did ask the question to the judge, he said that it would not help the tribunal so there was no need to send it.

[dj1971]

Thanks Ibruk,

 

Hope everyone is well, enjoying the sunshine and looking forward to a nice weekend.

 

I have attached a first draft of my statement and would really appreciate some feedback. I am concerned it is a bit too long, though don't see how I can make it any shorter.

 

What I could really use some help with is a good finishing paragraph.

 

All suggestions and comments welcome.

 

Many thanks

DJ

Brown v Untitled Airways Ltd.doc

[becky2585]

Hi

 

First of all in terms of formatting, you need to make sure each paragraph is numbered - and I'd alter the margins, they're far too wide on the left side.

 

If this is a formal witness statement, you should put at the beginning "I, [NAME] of [ADDRESS], shall state as follows" and then launch into the numbered paragraphs.

 

You also need to turn it into a "pleading" - i.e. at the top it needs to read "In the [_____] Employment Tribunal" follwoed by the case number and name of the parties. You then need to put "Claimant's Witness Statement".

 

I haven't read the statement in its entirety (its 69 pages!) but I would suggest breaking it up into headings - Constructive Dismissal, Grievance Procedure, anything that might be relevant. I'd then change the spacing to 1.5 lines rather than the 2 its on now - it'll make it much more readable.

 

You need as a final paragraph "I confirm that the contents of this statement are true to the best of my own knowledge and belief".

 

You then need to add at the bottom "Signed" and "Dated".

[dj1971]

Thanks Becky,

 

Was not actually expecting anyone to read the entire document, rather suggestions on layout and format as you have provided and I have actioned as attached, hopefully it looks more presentable now.

 

Just 1 other question, where the respondent has breached their own policy, am I correct in pointing that out in my statement?

 

Eg: Anti bullying policy- no member of staff should bully or misuse a privilege. Eg's of bullying are x, y & z.

 

In my statement I write Mr G did x, y & z and in my opinion this is clearly a breach of anti bullying policy which states no member of staff should do x, y & z against another member of staff.

 

Hope that makes sense.

DJ

Brown v Untitled Airways Ltd.doc

[Pusillanimous]

Together with Becky's suggestions, above, you need to make clear on what date you made your employers aware of your condition and what confirmation thay gave you that they were aware of it.

[Pusillanimous]

BTW I am not sure that your work colleague snubbing you on the tube could be proveable as victimisation, because she is bound to deny she saw you, and in any case, it is not unusual for people to completely ignore colleagues outside of work, without any ill intent. You know she was snubbing you. However, she could claim she was preoccupied, for example, if confronted at the tribunal. Unfortunately, you cannot demand good manners from others, so I would leave out the paragraph you have added after this incident citing victimisation and let the tribunal draw their own conclusion.

 

It may not follow that the fact she is your line manager's support person, ipso facto is the reason she snubbed you. Victimisation needs to be a substantive act. You need to ensure your allegations have credibilty as the tribunal will hesitate to find this woman guilty of disabilty discrimination victimisation simply because she failed to acknowledge you on public transport.

 

I gather one is not really supposed to include legal argument in a witness statement. However, if an issue is obscure, no harm pointing it out if you think the tribunal might miss it.

Edited September 7, 2012 by Pusillanimous

[dj1971]

Thanks Pusillanamus,

 

Really appreciate you taking the time to read through my statement. Is always good to have an independent person read through it with objective eyes. So would you move only the victimisation claim, or the whole story?

 

DJ

[Pusillanimous]

DJ Your witness statement is very well written, lucid and comprehensive. However, personally I would trim some of the paragraphs concluding "victmisation" and keep references to legal terms and legal argument to a minimum.

 

You want the tribunal to come to their own conclusion (gently guided by you).

 

You can hammer home all of the conclusions in your closing submissions. Keep it close to your chest until after they have been cross-examined. Don't give your colleagues the chance to rehearse their responses by revealing your conclusions in advance.

[Pusillanimous]

If Mrs B hasn't vcitimised you in any other way apart from ignoring you on the tube, I would remove it, as it dilutes your claim.

[dj1971]

Thanks Pusillanimous,

 

Makes perfect sense and excellent advice.

 

Really appreciate you taking the time to read my full statement, very nice of you.

 

Should I therefore remove all legal claims from the statement? ie where I have identified that the respondent has breached their own rules

 

Best Wishes

DJ

Edited September 8, 2012 by dj1971

[Pusillanimous]

Leave in legal argument where it might be obscure. Highlight breach of own procedures.

 

Save conclusions for opening and closing submissions at hearing itself. There is where you should bring in your legal arguments.

 

For now, the tribunal just want all the relevant facts: who, where, when, how and what. Objective, factual.

[dj1971]

Becky,

 

A quick legal question please if I may.

 

Is there any reason I cannot take a support person with me to the CMD which is this coming Friday, or do I have to notify the tribunal in advance?

 

Many thanks

DJ

[becky2585]

I don't see why not - there's a public gallery, so even if they can't sit with you, they can be there.

 

The rules across the uk tribunals do vary slightly though, but if you ring and ask the clerks are usually helpful!

[dj1971]

Thanks Becky,

 

Did give them a ring and it is ok to have a friend for support.

 

DJ

[dj1971]

[ATTACH]38201[/ATTACH]Hi All,

 

I decided to submit the draft CMD agenda and draft list of issues to the respondents solicitor in an attempt to save some time on the day.

 

The solicitor has come back to me today with the attached draft CMD agenda, requesting I complete the areas highlighted in yellow.

 

In 2.4 I have requested documentation from the respondent eg. emails, letters etc which should be added here?

 

In 3.3 a schedule of loss has been completed and submitted.

 

I believe the information requested that is highlighted in yellow I do not have to provide at this stage and just respond with will be disclosed at exchange of documents.

 

At 6.2 would 4 weeks be an appropriate amount of time to exchange documents relevant to PHR?

 

At 6.4 do I have to give medical consent to access my medical records at this stage when I will be providing a full medical report from my GP in due course?

 

Also at 6.4, do I have to agree to assessment by their consultant psychiatrist? A full medical report has already been submitted by occupational health as insisted on by respondent in May 2012.

 

What are the grounds for deciding whether a case is suitable for judicial mediation?

 

Appreciate any suggestions feedback on the above.

DJ

 

 

Solicitor has requested I complete and submit attached form by close of business tomorrow.

 

DJ

Edited September 12, 2012 by dj1971

[dj1971]

Update,

 

I have completed the draft agenda myself, removing respondents requests for further information and will inform them their requests are denied as there is no obligation for me to submit any further details at this stage.

 

Most of the agenda I agree with as completed by the respondent with the exception of 6.4 medical evidence and I have put in my own agenda and timetable here.

 

Comments, feedback, suggestions welcome.

DJ