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Intimidated and threatened into resigning b4 I was paid sick pay

helenzx6rhelenzx6r Member Posts: 39 Connected
edited September 6 in Ask an employment adviser
hi
please can any1 help me.?(
i was not paid my sick pay this month by company I work for
i have been off sick since November 2018, and had ssp paid by them 
i called the office 28/2/2019 and no1 was available to talk to me regarding my missing payment this month 
an hour later I had 2 missed calls from unknown numbers 
I answered on then 3rd ring!
some man on the Fone being very abrupt and abusive
said he was working on behalf
of the company I work 4
he gave me 20 mins to attend a 
meeting with him
 and that I would  then receive my sick pay owing for February If I went to the meeting 
 He Said he would give it me Cash in hand!! And that it was in my own interest to meet him
as the boss of company I work 4 who had sent him was not a very nice man and it could end up nasty!!
a friend came with me 
and we voice recorded the whole meeting 
he was very  abusive and threatening and he dictated to me what to write in a letter of resignation.!!
He said that I would only receive the money if resigned there and then and would b makeing it easy for myself if I do it today/now
he then threw the cash at me and drove off
he refused all the way through the recordings to give his name 
said it was irrelevant and I did 
Not need to know who he was.!!
it scared me half to death I had a massive panic attack just couldn’t breath.((
i suffer with Chronic depression and anxiety, arthritis and fybro 
this has tiped me over the edge
i contacted the police and have to go see them Saturday Morning
thry advises me to lock all doors and they had red flagged his vehicle as we also took his registration 

is this legal.??
where can i please get some advice.
i cannot  get through to cab on the fone.(
help.x
 
Tagged:

Replies

  • Ami2301Ami2301 Community champion Posts: 6,910 Disability Gamechanger
    Hi @helenzx6r I am terribly sorry for what you experienced! It does sound frightening however I assure you that you took the correct steps by taking a friend with you, recording the conversation and contacting the police.

    Personally, I do not know how to advise however some of our community members will and be in contact with you soon to help.

    P,ease keep us updated and we are here anytime for you :)
    Community Champion
    Disability Gamechanger - 2019
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    No it's definitely not legal. It might even be criminal. Contact ACAS and discuss it with them.
    It's a good job you had a witness.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    edited March 2019
    Hello @helenzx6r Thank you for sharing with the community a horrific experience.

    Sorry what has happened.

    I agree this is highly unlawful and you did the right thing contacting the Police.

    You could contact Disability Rights UK .

    Might be worth asking them for further consultation and advice. 

    We as a community are here to support you. Listen.

    My concern is for you and have care that your mental state is effected.

    Please if you need any help and advise with anything please contact me.

    I am one of the team of community champions. Who help, guide and advise members of the forum. Plus you can also speak to our team from SCOPE.

    Helpline 0808 800 3333.

    Keep in touch.

    Take care.

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    Thanks for replying.x
    i am stil shaking and scared.(
    i will contact disability rights uk.x will keep u updated.x
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @helenzx6r Thanks for reply .  I understand that am here anytime you wish to talk. If that helps.

    My concern is for you. Do you have any support for yourself at the moment.?

    Just a thought speak to your Doctor or please ask me or the community if we can help.

    I have mental health issues myself . So know what happens how the mental conditions can be effected.

    Take care .  

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • wilkowilko Member Posts: 2,140 Disability Gamechanger
    Your employer had no right to ask or get a third party involved in the payment of your emtitent sick pay or signing a letter of resignation under duress. Did you sign a receipt for the money? If not there is no prove you had it only your honesty when giving a statement to the police. As your resignation letter was signed under duress I think you will find if it is fullly investigated in law it would not be upheld and your employment Is still valid until your employer follows the correct procedure for terminating your employment due to ill health then he hasn't a leg to stand on and if proven he is, was behind the rouge person then compensation should be awarded. Keep us updated and keep posting.
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    edited March 2019
    The recording I took has him saying that the boss of the company I worked for had sent him and that he was not a nice ffffing person to
    mess with
    he hates people taking the **** out of him!
    along with lots more evidence of why how and what would happen if I didn’t sign
    he basically told me what 2 write in the resignation letter
    he would not accept mine as it said that I was resigning at their request
    He also made
    me
    sign that he had thrown/given me the sick pay at me

    All this in a layby!!
    Just me my friend Wendy who drove me there as I cannot drive...
    it was the scariest strangest thing I have ever had happen to me.(
    this has totally
    knocked my
    depression and my
    anxiety is so bad now I can’t breathe at times.((
    along with this and being turned down
    for LCWRA 
    I’m totally at the end.(((

  • helenzx6rhelenzx6r Member Posts: 39 Connected
    edited March 2019
    Thanks for your reply

    I’m a terrible state right now
    i have no support apart
    form my lovely friend Wendy who
    took with me to the meeting. im
    waiting for my dr to call me back 2hra I been waiting now.((
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    edited March 2019
    I can’t think straight 
    totally confused what to do.((
    i struggle with talking on the Fone.((
    spinning on the  spot right now.((
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @helenzx6r Apologise for not getting back to you. Thank you for getting back to me.

    Please can I ask have you phoned Disability UK for any advice and consultation.

    I do understand what is happening here. Please take some time deep breaths put some music on.

    Anything soothing got usually Classic FM on just try to remain calm I know it is not easy. I have been there as I do with my mental health.

    Please can I also add make a script of what you wish to say use word for word on the phone. I have same issues remember try to remember what to say speak slowly.

    Another calming effect is to have a glass of cold water this helps.  Have a dry mouth, thudding heart and palpitations, stomach churning chest pain just makes the symptoms ease. 

    I understand you need to speak to your Doctor you are waiting for a call. Please could I ask if your friend Wendy to attend with you.  Might be an idea.  As an advocate to say what is happening to you.

    If your friend is OK with this. 

    I should contact as you have done the Police . You need to tell them everything. Please do. In fact I am amazed they have not been around earlier.

    I believe you have an appointment on Saturday . Try to get your mind if you can to talk to them. 

    I know this is bordering on harassment and a hate crime plus this needs to be investigated.  There such Police Units.

    Is it possible for your friend to attend with you with that as well.

    I am here if you need anything further support. Always here.

    Hope that helps.

    @thespiceman.







    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @helenzx6r, I'm so sorry to hear about what you've experienced. You've done the right thing by contacting the police, and I'm glad to see you've had some words of encouragement from our community members.

    Do you have family and friends around you who can offer some support? Perhaps they can speak on the phone on your behalf if you're not comfortable? As this is more of a legal issue we may not be best placed to advise, however please do feel free to keep us updated. Our members are here to listen, and we're all wishing you only the very best.
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    Hello @helenzx6r Apologise for not getting back to you. Thank you for getting back to me.

    Please can I ask have you phoned Disability UK for any advice and consultation.

    I do understand what is happening here. Please take some time deep breaths put some music on.

    Anything soothing got usually Classic FM on just try to remain calm I know it is not easy. I have been there as I do with my mental health.

    Please can I also add make a script of what you wish to say use word for word on the phone. I have same issues remember try to remember what to say speak slowly.

    Another calming effect is to have a glass of cold water this helps.  Have a dry mouth, thudding heart and palpitations, stomach churning chest pain just makes the symptoms ease. 

    I understand you need to speak to your Doctor you are waiting for a call. Please could I ask if your friend Wendy to attend with you.  Might be an idea.  As an advocate to say what is happening to you.

    If your friend is OK with this. 

    I should contact as you have done the Police . You need to tell them everything. Please do. In fact I am amazed they have not been around earlier.

    I believe you have an appointment on Saturday . Try to get your mind if you can to talk to them. 

    I know this is bordering on harassment and a hate crime plus this needs to be investigated.  There such Police Units.

    Is it possible for your friend to attend with you with that as well.

    I am here if you need anything further support. Always here.

    Hope that helps.

    @thespiceman.







    Hi
    the dr called me back and I’d do disgusted at what has been happening
    she has prescribed me sleeping tabs
    my
    friend Wendy is coming to the police station.with me.x
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @helenzx6r Thank you for reply. That is good to hear Doctor been contacted.

    I hope that helps you.

    Please keep in touch and if you need to talk am always here.   Anytime.

    Always supportive.   Take care.

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    wilko said:
    Your employer had no right to ask or get a third party involved in the payment of your emtitent sick pay or signing a letter of resignation under duress. Did you sign a receipt for the money? If not there is no prove you had it only your honesty when giving a statement to the police. As your resignation letter was signed under duress I think you will find if it is fullly investigated in law it would not be upheld and your employment Is still valid until your employer follows the correct procedure for terminating your employment due to ill health then he hasn't a leg to stand on and if proven he is, was behind the rouge person then compensation should be awarded. Keep us updated and keep posting.
    Hi
    sorry 4 the late update. I’ve had a ruff few days
    the police said it’s NOT a criminal offense.;(
    unbelievable 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @helenzx6r   Thank you for sharing this with the community. First so sorry to hear that the Police did not say a criminal offense.

    Then you need if I can make a suggestion to consider speaking to Disability Rights UK . To see whether what further action needs to be taken.

    I am appalled at the Police reaction to this.

    I am concerned for you as a member of our community.

    Please if you need to talk or feel the need to ask the community for anything we can help on.   Please get in touch.

    Please take care.

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • janer1967janer1967 Community champion Posts: 5,082 Disability Gamechanger
    Hi
    Sorry to read your experience it's shocking. I am an ex human resource professional and know about employment law. This may not be criminal offence but is most definitely a breach of employment law. You need to contact acas they will give you the best advice as this could be potential unfair dismissal. Hope this helps you. 
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    Making demands with threats isn't illegal? Well I suppose it would mean that they'd have to get out of their cars.
    You never said whether you actually signed their document. If you did then I'd see a solicitor, if not then talk to ACAS.
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    Making demands with threats isn't illegal? Well I suppose it would mean that they'd have to get out of their cars.
    You never said whether you actually signed their document. If you did then I'd see a solicitor, if not then talk to ACAS.

  • helenzx6rhelenzx6r Member Posts: 39 Connected
    Hi
    i was forced into signing the resignation
    with threats of violence...
    i will contact Acas today

    i have an appointment at Jon centre to try prove this happened as I’m now on 90 day sanction.(
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    They they were no heloquent at all.(( was a total waste of my time and fuel and £6 car parking.;(
    told me it was a police matter!!!
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @helenzx6r Sorry what you are going through.

    How can I help. ?  I did suggest speak to Disability Rights  have you spoken to them.

    I can feel your frustration and anger.

    I am here if I can suggest or advise with anything.  Be supportive.

    Also have this organisation if this helps you if you are seeking employment.

    https://www.evenbreak.co.uk.

    An employment agency for members of our community.

    My concern is that it is effecting you mentally.

    All I can add is you are a member of this community where you are respected and valued.

    Please if you need to talk I am listening anytime.

    I do understand and have the time.

    Please keep in touch.

    @thespiceman

    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    Just an update.x
    I finally won my employment tribunal x
    and had a nice settlement out of court xx
    Finally admitted 
    That the way they treated me was 
    Discrimination due  to my disability x
  • janer1967janer1967 Community champion Posts: 5,082 Disability Gamechanger
    Great news and thanks for sharing with us at last itiver 

    Just going to tag in another member who is going through discrimination tribunal at present 

    @cupcake88 may find this thread interesting 
  • Cher_ScopeCher_Scope Administrator Posts: 1,811 Pioneering
    Hi @helenzx6r

    I've just read back through all this and ooft, you have been through the mill.  I'm so glad you have come out the other side with a positive outcome.  Well done you for persevering :)   Disability discrimination needs confronting and your story will definitely give hope to others.   

    Thanks for letting us know how you got on.
    Online Community Co-ordinator

    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Thanks @janer1967 this is very interesting . Did they offer a settle ment via acas ? Out of court ? I’m so glad you got what you deserved and a apologie which I hear is very hard to get . A apologies and compo is what you deserve . 

    This thread is very interesting . They have till next week end of next week to fill out there response the et3 they already requested extra time so I’ll be annoyed if they don’t actually respond or try and pull a fast one . I already sent a letter to the tribunal to ask they have no more time and reasoning why . I have the pre hearing end of September over phone . If they don’t respond to the et1 am I right In  thinking That wIll go against them . I really don’t know why they have not used there extra time wisely . 
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    The more people stand up to these employers the more they will
    think twice before behaving in such ways and discriminating: 
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    cupcake88 said:
    Thanks @janer1967 this is very interesting . Did they offer a settle ment via acas ? Out of court ? I’m so glad you got what you deserved and a apologie which I hear is very hard to get . A apologies and compo is what you deserve . 

    This thread is very interesting . They have till next week end of next week to fill out there response the et3 they already requested extra time so I’ll be annoyed if they don’t actually respond or try and pull a fast one . I already sent a letter to the tribunal to ask they have no more time and reasoning why . I have the pre hearing end of September over phone . If they don’t respond to the et1 am I right In  thinking That wIll go against them . I really don’t know why they have not used there extra time wisely . 
    Hi
    their solicitor asked me for a Settlement I would  b happy with
    They accepted  and it had to be done through acas.x 
    they tried wverythig
    even changing the name of the company!
    whicj was my worry tor the court that they would go insolvent or find a way out.!!
    But it didn’t work for them! 😂 
    I settled as the court was adjourned till April next year....
    and I wanted it all over due to the anxiety it was causing me x
    so glad I won
    they can’t treat anybody that way let alone sone1 who is disabled.!!
    I WON...xxx 
    there is restrictions 
    ie I can’t Discuss the  case openly about the settlement etc..!
     Give it alm you have cause we need to stand up the these idiots..!x
    good luck x



  • cupcake88cupcake88 Member Posts: 490 Pioneering
    @helenzx6r well done to you for not letting them get away with it it’s not just your self that has won it’s a win for us all . I really hope other people in your past work place will be inspired by your courage . I understand you can’t say too much . I’m guessing you would of signed some thing . That’s good there solicitors offered it to you did they call you or email you ? I thought it was only acas who could arrange a settle ment out of court so thanks for that knowledge all tho I really don’t think these have got solicitors I really don’t think they have taken this seriously at all if I’m honest . I think now they are taking it abit serious but I think there hoping I’ll back down which I won’t . 


  • helenzx6rhelenzx6r Member Posts: 39 Connected
    Just u stick at it hun.x I almost got to the point of giving up...
    the inconvenience of having to travel
    miles to the court in 2019... then It was adjourned for another year....
    They were in court on the day all smug 
    the guy who committed  the discrimination Smirking and looking all smug!!
    but the judge sitting was not having none of it..) as he Culd clearly see that I had a case.xx the communication with their solicitor was all done through email aswell as acas, as it was All agreed at the start of the lockdown x Yes I had to sign COT3 and acas had to confirm all was agreed and signed before it was settled x

    please
    let me l know how u get on.x and if u need any more info please just ask x

  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Thank you so much for updating us and your kind words . Yeh I’ll stick at it . You get ignored a lot at first ? Also I have sent over to them all my edvidence and documents and they have not done the same with me or given me access to what I required early this speaks of there guilt . There prob thinking how there going to get out oh this 
  • helenzx6rhelenzx6r Member Posts: 39 Connected
    cupcake88 said:
    Thank you so much for updating us and your kind words . Yeh I’ll stick at it . You get ignored a lot at first ? Also I have sent over to them all my edvidence and documents and they have not done the same with me or given me access to what I required early this speaks of there guilt . There prob thinking how there going to get out oh this 
    Sounds very familiar
    They also  did not stick to any of the Court orders...x so they Culd have had a hefty fine From the court on top had they not seen the light and settled x
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Yeh the nearest court to me is hour and 30 mins away but thank god it’s a phone tribunal
    so that’s great because I don’t know how I would be able to get there with how I’ll iam so I’m greatful it’s a phone pre hearing but even then I can’t be dealing with the crap and lies they will come out with . So
    im preparing my left for that . I have kept all edvidence in a date order in a folder , all my notes , my proof of postage to them all letters , so I feel that I have enough edvidence I also have my medical edvidence to prove how I’ll iam . 
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    I’m fully prepared that this is going to be a long process which I’m finding very hard to deal with but it’s important I stick to it and keep going like you did . I was going threw all my edvidence Making sure it’s in date order . All my proof of postage to them . I have already done my agenda ready for pre hearing . I’m fully prepared where as I think there under estimating me . I do find them very intimidating but I won’t be scared . Well done to you for not giving up . 

    I’m also prepared to get silly offers also as well that’s if they do settle out of court .  I think they could do settle out of court because there not going to want there company name on the government tribunal site for every one to see but I think there going to lie and stall and drag out what they can , 

    i have done a impact statement and I have also added some emails a member of staff who left gave me which im so greatful basically it was the owners being very nice to them bout her physical illness and asking how they could make reasonable adjustments and just a nice response compared to the horrendous degrading response I got from the owners from all the discrimination . I will be sending them copies of the two emails and letting them know I will be discussing this at pre tribunal . I have no problem in letting them see my edvidence there the ones who won’t give me access to documents because it will show them in a bad light they will look stupid if they want to ignore the court . 

    I have shown a judge how much time they back had to prepare and what to supply me with so if they wanna mess bout that’s down to them . I was told to write a impact statement I still don’t know if I have wrote that right I wrote from my heart .


  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    Keep a track of costs you have incurred plus any personal distress. If they lie or delay or hinder the process then "aggravated damages" might get applied too which amounts to penal damages.

    Examples of average Tribunal awards can be found on the internet.

    I've started procedings three times, once for disability discrimination and two for breach of contract. In every case the other side settled before judgement.

    If you are offered a proper Settlement Agreement then they must pay for your solicitor and you can set terms just like they can such as a gagging clause on them and drafting a statement of employment letter for them to sign so you can show a prospective new employer. You'll also want to be alowed to say that a Settlement Agreement was made to a new employer but not it's terms.

    Don't be concerned because there is no actual courtroom and formalities are minimal.

  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Did you do a impact statement ? And send to the court and respondent ? I’m glad you got good settlements were they just before the court hearing ? 

    I have heard there not like formal court rooms but I’m still really nervous I don’t like discussing my disability in person or what happened to me but I’ll have to mention it so the tribunal get a good idea of my illness and the back ground , I was discriminated against in so many different ways . 
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    No, I didn't. They settled when they realised they had nothing they could put into writing as a defence.  The first and second settled after ACAS called them, back when ACAS was not compulsory. The third settled soon after I told them I was about to call ACAS.
    I have to compliment ACAS for getting results when the employer literally just shouts and threatens. They were even-handed with me too.

    It's best to Google the average awards so you have a benchmark to work with. Remember that until you sign a settlement, you can drop it and go with ACAS. Don't tell ACAS it's settled until you have a solicitor approved document signed by the ex-employer.
    Even if you do get a settlement, brace yourself for name calling and verbal threats. I had the owner call my home, swearing.  If I'd had caller ID back then, I'd not have answered.
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Sorry for taking over the thread . I’m so greatful for all this advise from you all . Thank god for this forum . 

    My acad advisor is good he’s really busy but still finds time to respond to my many questions . They told acas they wished to take part in early colciliation they messaged the respondent loads and they kept saying they were thinking bout it to then respond with a no when they had wasted a whole month . So I don’t trust them .

    i was advised I’m looking at the middle tier for compensation . So I know the figure I want if we go to court and what I will settle for . I’m looking for composation for injury to feelings and loss of earnings as they set my health right back And really knocked me down , I want the stolen Pension money they can’t explain where it went to refunded back , because they chose to block all my emails and lie to acas saying they had no they made it very hard for me to collect my last pay also . I do also want refunding back for all the stamps and proof of posting which of course has added up . And I would like loss of earnings . 

    As far as edvidence goes I have times and dates wrote down of all the bullying , I have proof they tried to pocket my pension money , I have a witness to them putting me down constantly , the manager called me mentally retarded . There was a group chat amongst managers that were mocking my illness I was sent a screen shot of it . Thank god for the nice staff I have met they have really supplied me with a lot of edvidence , there was also a email that was sent around on there in house emails that a member of staff that has now left took a pic of it for me and sent it to me basically telling all staff if they find out they have spoken to me or agreeed to be my witnesses there be consequences so I have that , I also have a comparison on how they treat people with and with disabilities , I also have a lovely 2 page email from the owners of the company incriminating them selves to a point when I was mortified they would send such a harsh email , stating what they think of mental illness and just really horrible they stuffed them selves with that email and I think they know it . So far they have not replied to any of my document requests which  The judge will tell them to do so at pre hearing . I’m just looking over my impact statement I still don’t know if I have wrote it up right . Do you know what happens at a pre hearing any one ?
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    Never call ex-colleagues as witnesses or discuss it with them. Once they are threatened they will drop you in it in a second.

    Apart from that, it seems that their corrupt behaviour will earn them penal damages too.

  • cupcake88cupcake88 Member Posts: 490 Pioneering
    What bout collegues who aren’t there any more ? Because a couple who aren’t there have been very helpful 
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Thanks so much for the all the advice and well done both of you 
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    What do they get penalties for ? 
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    cupcake88 said:
    What do they get penalties for ? 

    Employers can get additional Agravated Damages against them for exceptionally bad behaviour such as hiding evidence, harassment and personal threats.

    Ex-employees are safer to call in but they are just people and might decide that they can't be bothered or they could be intimidated so they shouldn't be the core of a case.

    Most employers are convinced they are smarter than you and are accustomed to brow-beating people to get what they want. There is no limit to how irrational they might get but this one sounds like a staightforward win for you though.

    Good luck.
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Thanks so much thanks every one and thank you for all of you fighting for what’s right and not giving up . Thanks for all the info I’m just bout to post my impact statement to them and the tribunal and some edvidence with the agenda so they can see what I wish to discuss so a court can see I have given them every opportunity I’m going to ask for the 10 th time now for certain documents from them would I be able to say in my letter that I wish to request of all these I will ask at pre hearing so if you do not want to give them to me can I have a full explanation to why and how they are not to do with the case or will I come across as rude ? it says on the agenda to say what your wished outcome is . Should I tell them a figure I’ll be looking to get in court and also is it a good idea to make them aware that they could face penalties ? Or not . I think I’m going to add to my impact statement all the address stress has called me .

    yeh my witnesses are exe employees some have given me edvidence  but can’t be witnesses due to other commitments which is fair enough . The staff that are still there have been basically told if they even speak to me there be sacked I have a copy of that email to . 
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    Don't mention money, that's for the court to decide. Google typical awards though.

    Mention the affect it might have on future opportunities too.
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Hi there . I sent off my last request for documents . I read that they can’t just refuse to hand them over they have to say why they don’t think there relevant for the case . They still have time to respond after they already extended once so hopefully there not given another opportunity to Mess about . I really don’t think there taking it serious at all . 

    Thanks every one for your support and advice I’ll keep you all updated . My anxiety is threw the roof with this . 

    My acas advisor said he will reach out to the employer again after he’s seen there response . 
     
    If a settlement is agreed does the case automatically get with drawn or do I need to let the tribunal know ? 

    And do they usually get like a set time in which they have to pay your settlement or can they just keep putting that off . 

    I have been reading tribunal cases online but I keep seeing loads of withdrawn cases. 
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    edited September 1
    Right or wrong doesn't come into this. They have already behaved unlawfully and they are in complete denial. They are assuming that employees give up and walk away with nothing.

    A settlement is a separate route and (if suggested) would be your choice, not theirs. A settlement should be equal to a court award. As I've said most corrupt employers settle as I have had three do (and yes I do have exceptionallly bad luck.)

    So far it does not appear that a settlement is even being considered by them.
    A proper Settlement Agreement is set out in law and would be negotiated by your chosen solicitor who is (by law) paid for by the other side.

    You could leave the ACAS/ Court route running if a settlement was suggested (until signed) so keep ACAS informed. 

    No-one here should advise you on what to do.
  • cupcake88cupcake88 Member Posts: 490 Pioneering
    I’m so thank for every ones advice and support and thank you you both for not giving up . 

    Even tho I’m feeling worn down I’ll keep going . No not at the moment I really don’t think they will settle hence why I’m already preparing my self . I know what I’ll be happy with to settled for .  But they have no intention on settling . They told acas before they wanted to consider settling and spent the whole month messing about . So I’m very weary of them . I think there doing all this so I give up but I just have to keep  going .
  • Ross_ScopeRoss_Scope Administrator Posts: 1,241 Pioneering
    I hope you get what you deserve in the end @cupcake88, I'm sure your persistence and determination will pay off :) 
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  • cupcake88cupcake88 Member Posts: 490 Pioneering
    @Ross_Scope thanks I hope so too thanks for your kind words 
  • Ross_ScopeRoss_Scope Administrator Posts: 1,241 Pioneering
    No problem at all @cupcake88, I hope you're having a nice Sunday.
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  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Hi every one the first of my silly offers came in today I had to say no it was a p take if I’m honest . According to there hr there more than happy to go to tribunal and they have every thing ready to go according to them but they feel it’s best for my mental health if I say there very well offer there solicitor told them it was embarrassing I turned it out and said a amount I would be happy settle at today . It’s hilarious because the amount they said I’ll be entitled is just embarrassing. I responded politely saying no thank you said a amount I’ll be happy with and I said if you do not want to settle on this amount I have no problem in taking this to a tribunal and as you mentioned nor do you . 

    Let’s see what they respond to do you think they don’t want to go to court ? There saying in there letter they have it all drawn up there et3 response and there all ready to go but they feel as if we should all move on from this aww how nice of them . I said no any way . I think they prob assumed I would just say yes to any amount . What’s likely to happen next ? They said in there letter they want to come to a fair amount and settle out of court but they offer me some joke offer . 
  • janer1967janer1967 Community champion Posts: 5,082 Disability Gamechanger
    This is normal they are just testing the water probably knowing you wouldt accept anyway 

    Of course they dont want to go to tribunal but they will want this to cost them as little as possible 
  • griff11griff11 Member Posts: 56 Courageous
    I wish my daughter had explored taking her employer to tribuanl for constructive dismissal but at the time her MH was at such a low point for months she was too afraid and tired to. Bascially she worked there for 2 years initially for 2 days increasing quickly to 4 days a week.  Then 2 months before she resigned she had a new contract for 5 days a week for the same job, same hourly rate but with extra duties. She queried why it had a probationary period on new contract and had an email back saying it was because of her intermittent MH issues to see if she could cope with the job.  She had in previous weeks tried to discuss with her immediate line manager about the excess work load demands but although she acknowledged the pressure of the work load she wouldn't respond to constructive suggestions from my daughter to address the so my daughter asked for meeting with Director.  He eventually summonded her to meeting and along with other director reduced my daughter to tears shouting at her etc. going on about her MH issues.  She was not offered the chance to take someone in with her, she thought it was to discuss workload issues and procedures.  Before this she had stopped her medication as with counselling her MH had improved to the point she felt safe in attempting to stop the meds (she reduced slowly). She resigned an hour after meeting but credit to her worked her notice out! 

    Now almost a year later and working for a new employer whose response when she told them of her disability - she declared it on application monitoring form and when filling in health questionaire after being offered the post , asked what they could do help.  Without exception all her work colleagues/managers have been amazing and she knows she's a valued member of the team.  She too wishes she had persued her ex boss not for any monetary compensation but because she felt her treatment by them had been unfair.
  • Ross_ScopeRoss_Scope Administrator Posts: 1,241 Pioneering
    Sounds like your daughter has had an awful ordeal in the past @griff11 but it's great to hear how accommodating the new employer has been. It should be that way all the time.
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  • cupcake88cupcake88 Member Posts: 490 Pioneering
    Hey I’m sorry to here of your daughters treatment in the past and I’m so glad she has nice employers now that’s rare to find . I’m going to be doing a update on how my experience went your daughter  and your self might find it helpful in the future but I’m so glad she’s been treated with respect . 
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