ET lost

[Susiegraham]

Is it possible to bring a personal injury claim

in a whistleblowing case? My health has deteriorated due to the treatment i received following whistleblowing and the subsequent stresses of my ongoing case. Would claim be through the courts and would it be a lengthy process following ET case? Many thanks!

[honeybee13]

Hello there.

 

I think you would need to speak to a personal injury lawyer to see if they think you have a case. You can find specialists through the Law Society website.

 

My best, HB

[Susiegraham]

Hello,

My ET case will be in 2014 and is scheduled to last for 2-3 weeks.

Been through a lot and as with a lot of whistleblowers, my health has suffered terribly.

I presume my ET case won't take into account the long term effect on my health, which has been very serious!! I now struggle to work!

Is personal injury claim also an option for me? Would there be a time limit on this? Also, I suppose there would be costs, but perhaps use a no win no fee solicitor? This would be through a different court I presume?

Thanks!

:-(:-(

[Grotesque]

Interesting article here from the British Medical Journal on the personal-health side-effeccts of whistleblowing:

 

http://www.bmj.com/content/307/6905/667

[Susiegraham]

Whistleblowing is definitely very bad for health! Although I've always been very resilient and worked relentlessly for many years in a tough job, the stress of the last few years has certainly had a big effect on health! Very scary, because could be life threatening!!

I will continue with my ET case to try and 'right' a very serious 'wrong' and I'll never let these people get away with what they've done to me and my family! Of course, there's the wrong-doing as well that needs to be brought into the open.

I get on with life now and try and enjoy every day! But in the background is this rather large thorn in my side!

Never mind, my very loving family and sense of humour keep me going!

Any thoughts on personal injury would be appreciated!

[Grotesque]

I believe you can have more than one claim open at the same time.

[honeybee13]

Hello there.

 

A couple of the people on the forum know about PI matters. I believe it's a longer time limit, possibly 3 years, but I can't remember offhand.

 

My best, HB

[honeybee13]

Here's a link to the CAB website. Broadly speaking, it's a three year limit.

 

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_personal_injury_e/personal_injuries.htm

 

HB

[Emmzzi]

If you are considering this route be aware it is very difficult to claim - you will needs LOADS of medical evidence and to show your employer has wilfully caused problems - so start building an evidence file and visit your GP as often as you need to. You will also need to show you have taken reasonable steps to limit the damage yourself.

[lostfaith]

dont accept first offer

 

always go to solicitor direct not third party one

[phaitun]

Well done for remaining resolute

 

You could try to run a case for PI in the County Court alongside the ET or have you added it to the complaint for the ET?

 

I have included my claim for PI within the ET1. i.e the acts of sex and disability discrimination, failures to make adjustments, bullying and failures to adhere to Employee Relations Act at 2x disciplinary meetings caused me to become sick with stress which then manifested itself into depression requiring medication, continued ongoing meds and counselling together with 4 months off on the sick.

 

Good luck in fighting the bullies

[steampowered]

If you are successful in your case, then if you are able to prove that you are not able to work as a result of the incident that would be taken into account in terms of the compensation you are awarded, as that will affect the lost wages awarded.

 

Specific compensation for personal injury can be awarded as part of the 'injury to feelings' element in discrimination cases, but I am not sure you could get this on a pure whistleblowing claim. Also remember that judgment on a personal injury claim at Tribunal will stop you from bringing the same claim in court, since you cannot bring the same claim twice.

 

Although bumper compensation does sometimes get awarded in cases like this the success rate is not high. It is very difficult to prove claims that your long-term health as suffered, and that this is the employer's fault. In short it is the kind of claim which probably needs proper legal advice.

[Atlas01]

In short it is the kind of claim which probably needs proper legal advice.

 

There is no probably about it steam, there is zero chance of winning a claim of this type with it's technical nature and the burden of proof needed without a dam good solicitor

[Susiegraham]

Hello!

My ET case is proceeding and looks like it will go all the way, as my ex-employer seems to be determined to have it that way.

I have a case for constructive dismissal which has been allocated a two week tribunal next year.

All my witnesses have been contacted by letter, but are choosing to ignore! They're all still employed by my ex-company and I've heard that pressure is being applied. Seems that they're very upset at being asked to support me! I can understand they fear for their jobs!

What is the situation when witnesses don't provide a statement? Will there be an order to force attendance?

It feels like the whole company is up against little old me! I can tell they think they've got strength in numbers!

Feel angry!!! The boss thinks he's mr invincible!

I suppose it'll end up 'them' with 20 witnesses and me with none! Odds are stacked against me before I even get there!

Any thoughts? It's been ongoing for two years now, but I'm never beaten!

Thanks xx

[edjama]

Even If You Can Force Then To Attend, Would That Help? No Doubt This Would Upset Them Further, And Is A Hostile Witness Any Use To You? Are They Going To Say What You Expect Them To?

[steampowered]

You cannot win a case by having many witnesses - if they want to use 20 witnesses that would be completely pointless (and also would be disallowed by the Tribunal). Witnesses are there to give specific factual evidence on specific disputes issues of fact. Remember that the ET does not accept general mud-slinging as being relevant, the ET is there to decide on legal claims it does not decide whether they are a good employer. The evidence has to be directly relevant to YOUR individual situation and the specific breach of contract you are alleging the employer made. What is the case about and what do you want the witnesses to say?

 

If you genuinely need the witnesses you may apply to the Tribunal to make a witness order securing their attendance.

[SweetLorraine]

Hello!

My ET case is proceeding and looks like it will go all the way, as my ex-employer seems to be determined to have it that way. They would do.

I have a case for constructive dismissal which has been allocated a two week tribunal next year.

All my witnesses have been contacted by letter, but are choosing to ignore! They're all still employed by my ex-company and I've heard that pressure is being applied. Seems that they're very upset at being asked to support me! I can understand they fear for their jobs! How magnanimous of you!

What is the situation when witnesses don't provide a statement? Will there be an order to force attendance?

It feels like the whole company is up against little old me! I can tell they think they've got strength in numbers!

Feel angry!!! The boss thinks he's mr invincible! Paranoia won't help.

I suppose it'll end up 'them' with 20 witnesses and me with none! Odds are stacked against me before I even get there! Now you're on the money!

Any thoughts? It's been ongoing for two years now, but I'm never beaten! The tribunal might have a different view on your so-called unbeaten record.

Thanks xx

 

You seem to have alienated your potential witnesses in one fell swoop. You may be your own worse enemy in the Tribunal process. Telling yourself you won't be beaten is delusional.

 

Take a breather and take a reality check - Tribunals are shifting sands not level playing fields.

 

Good luck.

[Susiegraham]

Think you may've misunderstood my post Sweetlorraine!

My case is long running and very complex. I haven't detailed a great deal in order to avoid recognition!

Suffered the most horrendous bullying and harassment which has destroyed my health!

My comment was regarding my intention to keep going and not be beaten by my ex- employer's behaviour!

Got cover from my house contents insurance and case is strong because employer didn't follow their own procedures on a number of occasions!

I know that an ET can be very unpredictable!

[SweetLorraine]

It is your fight Susiegraham, great if you have willing witnesses, not so good if you don't. If they don't want to be involved I would leave them be - everybody is worried about keeping their jobs and being called up to a Tribunal to testify against their current employer can't have been a pleasant experience. If you have a strong case based on procedural errors and the evidence to back it up there may be even less need to draw in reluctant witnesses.

 

I've went through the bullying/harassment mangle at work - and seen how the pack mentality kicks in. And went to ET and failed. Carry on by all means, and I wish you every success. I hope you enjoy bringing them to some sort of justice. They may even fold before the hearing! But please take a moment to consider how you might feel if your claim fails. I went into a tailspin for some time afterwards. Not good.

 

One of the other contributors on this site (Emmzzi) advises that the best revenge of all is to live a happy life afterwards - it is a golden nugget that I hold onto these days - I hope it may help you too on the other side of this.

[Susiegraham]

What are the rules on text message evidence and other electronic evidence for the ET. My ex employer has provided text messages which have been typed up and I believe there are inaccuracies, omissions and additions.

I've submitted screenshots for my text evidence, containing number/ name sender/ recipient!

Can they be authenticated through service provider?

Thanks

[Pusillanimous]

Phone text messages could be easily manipulated so you would need to find a forensic expert. This type of expertise is usually only generally available to the police investigating serious crime.

 

You could still produce it as evidence and see whether the other party challenge it or not.

[becky2585]

The Judge will probably also look at your phone if you specifically ask them to, if there are discrepancies.

[phaitun]

the forensic telephone service may be able to assist. they work for a number of agencies and law firms, very expensive. I think they are based in Bristol or that area.

 

There are a number of restrictions/differences on what billing and how long messages are retained for depending on service provider and also which type is

available from different service providers, however this will have to be ordered by a judge.

the billing from the offending phone should show the

time and date of the messages you have screen shots of.

the billing can also be used to prove/disprove that the

messages sent by the other side are accurate also.

Telephony is a complex area and experts are generally required to make sense of the data.

 

In my experience the billing will help

[Susiegraham]

I had a cancer diagnosis last year and have struggled to come to terms with it. Coupled with this I'm going through an ET claim, which is very stressful to say the least!

I know that cancer sufferers are always recognised as having a disability.

Will the ET take my cancer diagnosis and the anxiety and stress associated with cancer/ ET into account for the ongoing proceedings?

I have a doctor's note detailing my health issues.

Edited January 7, 2014 by Susiegraham

[Emmzzi]

as in making allowances for you during the hearing like more breaks? or something else?