Please Help - Vol Redundancy or ET?

Helpme1_2

This is a wonderful place. Thank you. I have learnt a lot by reading today after discovery.

I am at my wits end so it may be disjointed. I have a boss who wants me out at all costs. Been there for 6 years and my whole team were offered a year’s pay for VR but no one left. I am being forced out - I was bullied, shouted at and ignored and not even invited to team meetings. People had noticed but they want to keep their own jobs. This led to stress and depression and 2 months off work. I spoke to personnel and his line manager (who is very close friends with him) and they claimed they spoke to him and he denied. I was told I had no evidence and nothing happened.

I am now back at work but continue to be frustrated. He made up lies about duties he never assigned to me and I requested evidence and he said he did not want to go into a prolonged discussion. Brief details of my return:

Day 1: I had a meeting with him and he was very aggressive -no witness; however, I recorded this meeting because I have been advised to record my days so I can review them. It reveals him bullying me and trying to destroy any confidence I had left. He referred to my previous complaint, ticking me off for speaking up and gloating and nothing was done! He said "I should go and take my medicines and have my counselling"; several times he made very harsh and belittling comments. I do not intend to use it against him and I hope it will not be necessary, but I was shocked when I listened to it, I had to fast-forward it to avoid the trauma.

Day 2 – He approached me in an open office and started discussing my health/ work and this led to a scene where I said he was making me anxious, yet he persisted. He asked me to “get in there” as one would a naughty child. I refused and asked to go in with a witness and he declined. He then asked for details of my day and this is not done for others. He then shouted to the hearing of other staff laughing sarcastically that “your case is unique”, when I stated that he was treating me unlike other staff. I ended up with a panic attack, very cold and crying uncontrollably; back at the GP and now signed off AGAIN as it is considered unsafe for me to work under this person.

Day 8 - I have now been offered vol redundancy as “my return to work is not working” according to this bully. It was scripted not to work, anyway. They need someone out. VR is about £40k (a year’s pay). However, it is very likely that I will not be able to work for a long time because of the specialist nature of my job, over qualification and now my medical history which is as a result of the job. No consideration of my injuries and his bullying, now witnessed on day 2 are being made and I am expected to sign off all rights including my rights to any claim including personal injury- for a a year's pay and a reference.

The Union are involved but previously have not been too proactive. They want me to take the money and leave asap. I argue that if I was able to walk in to another job like others who have not been bullied and victimised,, it would be fair BUT I am being forced out and in a fragile state of health. For now I have been signed off till the end of the year.

I can either shut up, take the redundancy and leave or go for constructive dismissal using my insurance AFTER resigning (which may lead to more or less pay).

I feel VERY sad that he is being allowed to get away with it if I accept VR and also it actually hides the truth. I am not sure I can live with the injustice. Yet, I wonder if I should take the money pay my debts and run for my life.

Can I go to ACAS if even a member of the Union?

Should my mental health state not count and loss of future earnings?

I don't have a mortgage but have accrued about £35K debt in two years of work problems and therapy. I am wondering if I should take a mortgage while I still have a job and be left with a mortgage while on benefits and pay off some of it when I get a job? Or stay with the debts and pay them off when I get the redundancy payment and be left debt free and with about little buffer after tax and live on whatever I can find.

Am I allowed a solicitor if I must go for a compromise agreement or is the Union counted as a solicitor?

Thank you everyone. Please be kind to me

tizerbelle

IMO take the VR (ensuring there is an agreed reference included in it) and run.

Yes, you can (and should) use a solicitor of your choice to review the CA - you can even ask for the employer to pay towards the cost of this.

ET's are very very stressful and ETs for constructive dismissal very hard to prove (less than 3% are won by the claimant). Also for a constructive dismissal ET the burden of proof is on you to prove the employers guilt, not theirs to prove their innocence. Without hard evidence this is not going to happen.

You also need to have been through the company's grievance and appeal process before resigning for your case to even be considered.

Can you cope with all the extra stress this would bring? From your post I'm not sure you could.

Forget the thoughts of large ET payouts - they are very rare - I think the average is about 6k.

Pick your battles in life, this one isn't worth it.

Do not get a mortgage - I doubt you'd be able to anyway - that would just increase the stress in your life juggling finances.

Cornball

I have some experience in the areas you are discussing and it's very difficult to tell you what to do as it's so personal. My own journey taking my employer to both ET and for PI has been an awful, soul/mind/body/financially destroying, gutting experience. Having said that I don't regret it for a second because it was the right thing to do for me.

I have the advantages of a strong support system, financial security and a supportive GP. I have lots of disadvantages too, including very poor health. You need to weigh all of these factors beforehand.

The hardest bit for me has been the fact that no solicitor, no union rep, no friend, no amount of money, can take the burden off of you during the claim. You have to immerse yourself in the claims and research and fight your own corner.

You need some legal advice first to see how strong your case is. I would get some independent advice outside the union. Ask around for recommendations. Most solicitors do a free assessment/consultation. I swapped solicitors halfway through my ET based on a personal recommendation and I'm much happier.

Please feel free to PM me if you have any questions about ET/PI.

Helpme1_2

Thank you both so much. I am torn in between going penniless but with justice or just accepting it and never being able to live with lack of justice. Life!!!