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Clelx

Employment tribunal particularisation

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Hi

 

My wife has an ET lodged due to sexual harassment and bullying by her manager which caused her to go sick. Her union initially gave legal representation right up to mediation through ACAS, however her employer has not responded to any communication through ACAS when the legal rep cited personal injury claim. We now have a telephone hearing with the ET in the next few weeks where we have been asked to further particularise our claim. My wife's legal rep is now saying that she will not be in a position to further represent her or complete the particularisation as they believe there is less that a 50% chance of winning. We feel that our legal rep has led us up the garden path and abandoned us when we needed them most. My question is if we are now going to represent ourselves, how do we best particularise the claim to take it forward to the next telephone conference and any tips for that?

 

Thanks

 

Clelx

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Hello and welcome to CAG.

 

I'll move this to the employment forum and leave you a short term redirect from here. Some of the guys seem to be around today, so you should get some advice.

 

Fwiw, you're not alone in being dropped by union legal representation, we've heard that a few times.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I had this with my case.

 

My Union ( GMB ) said, Disability Cases are hard to prove, and didn't proceed with matters.

 

Unite Union, was just as bad.

 

Unless you got a clear cut case, they don't act on matters.

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Thanks for that. Stressful time. I've already learnt quite a bit from reading the forums but if anyone can share some knowledge and experience it would be very helpful. It always amazes me how big national organisations have policies and procedures to deal with harassment and bullying, but very rarely stick by what they say.

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I am confused about what your ET is for.

 

Discrimination/ harrassment etc - clear cut ET stuff

 

Personal Injury Claim = claim against employer's insurance policy?

 

What is your ET actually about?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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My wife was sexually harassed and discriminated against by her line manager.

 

She submitted a grievance but initially only cited the discrimination issues (she is one of a very few women in a male dominated organisation) she told her boss to back off and believed he would.

 

Once the grievance was submitted her started to victimise her .He initially held onto her grievance and refused to submit it until our federation instructed him to ( we work together but in diff departments) He refused her leave requests ,over turned rest days whilst supporting her male colleagues.

 

He took away her responsibility and undermined her work and stated she had 'issues' on her written annual appraisal - which he refused to explain and completed the review without engaging with her. The barbed comments continued and work life became so bad she suffered a panic attack and was diagnosed with anxiety and depression.

 

She was off work for 5 months and has only just resumed. Her line manager is not qualified to hold the position yet our employers have retained him in post offering him a side ways move whilst she has been branded a trouble maker just for rebuking his advances and highlighting his ineptitude and discriminatory behaviour.

 

Her line manager has previous for this sort of behaviour and has done this twice before, both females made complaints but dropped them due to a sham grievance procedure and associated stress. in total my wife endured 16 incidents of discriminatory behaviour and victimisation post grievance.

 

My wife has an exemplary record was confident and ambitious. She has spent the last 18 months trying to pick the pieces up, I've watched a confident funny strong woman reduced to tears almost daily.

 

If we could afford to walk away we would. 18 months on and on the advice of our solicitor who advised us to go through the grievance process 3 times before we submitted an ET has now abandoned 3 weeks before the case telephone conference us as our case is too costly to run.

 

I can't believe how badly we have even treated.

Edited by honeybee13
Spacing.

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Ok. Do you have things like a log of incidents, records of greivances lodged and written outcomes, etc? Is anyone prepared to stand witness? (Anyone who has left the company maybe?)

 

By "particularise" - what do you mean? What stage are you at? ET1? Something else? Do you have a case hearing date set?

 

I am sure we can support getting through the first stages and from that you will have an idea of how good your case is. Have you also looked at the EHRC website? They have a lot of resources.

 

I am however going to query "not being able to afford to walk away." It sounds like no amount of financial consequences are worth the impact on your wife.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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