ET1 lodged, now employer want Independent HR investigator

Kingskid

I have an ongoing employment case for which I got advice last year. I have posted this under the old thread but wondered if anyone would see it. Please HELP! Sorry if this is wrong. Not sure how it works and I simply cannot sleep
Hello All

Thank you for your kindness and wise words last year. It has been a long time. I have been very ill and very quiet but I realise I must pull myself from the mud and if possible stay alive if only for my family.

I now have a tribunal case going and my employers wanted to offer a "win-lose" CA which my own solicitor responded to with a counter offer. They have not responded, so I assume they do not want to shift.

They never investigated my case when I presented my grievance and simply told me where to go! Now, I receive a letter suggesting they want to conduct "an independent private investigation using an external HR consultant" probably cronies with one of them (yes I am officially paranoid with cPTSD) and they want him to speak to me. I doubt this will have any benefit to me. I am also worried about the negative impact on my health.

It is also an opportunity for them to find out how much evidence I have, I guess - BUT there are evidence reserved for the rainy day!

Clearly, I have no confidence in the system to believe this will be independent as they even got their Dr to say I could never work again so they could sack me for health reasons.

As both solicitors are already involved and a tribunal claim is ongoing and since they already claimed to have investigated BEFORE now, am I allowed to decline and simply ask them to use my written documents and if they find anything untrue they can ask me in writing? Technically they are still my employers, though I am on medical suspension and under house arrest which almost drove me to suicide; I guess because I was horrified that people could be so mean and professionals could lie and behave so badly (including the union who sold me out and wanted to keep their jobs and friendships with HR as admitted by one of them. Region was equally useless and they only sent me back to local - so I decided to pay a lawyer). Household insurance exists for later cases should it be required. BUT my health and life need to go on.

I already asked them specific questions as one would in an equality questionnaire within my last grievance sent over three months ago. This was never answered.

I am wondering if my health can take this internal examination before the tribunal. Is it not up to them to counter anything I say? I have a feeling this investigation is going to be biased?

Can they insist at this stage?

All answers gratefully received. Please be kind to me even if you remain honest. I am already down.

Thanks.

P.S.
They asked for an extension for the ET3 submission, I guess this private investigation is to gather evidence against me or to support their case.

Funky_Bold_Ribena

What has your solicitor advised? You really need to be speaking to them as they actually know the case.

ValHaller

Kingskid wrote: »

I have an ongoing employment case for which I got advice last year. I have posted this under the old thread but wondered if anyone would see it.

Previous thread https://forums.moneysavingexpert.com/discussion/3917861

This has been running for approx 1 year.

I too think that your employer is fishing. The time for the independent HR investigation was while you were still employed. Or if they must do it now, then it should be a desktop review of all of the material which the employer holds and should not involve you.

I am not sure how this request and a refusal by you would play with an ET. FBRibena is essentially right to point you to your own solicitor for advice on this.

Ruby_woo

I have no advice but...sending you some positive thoughts as you have obviously going through a dreadful time.

Are you still employed by the company?

mum2one

from my experience of emplyers and ET - it sounds like they know you have a strong chance of winning and are therefore looking at ways to minimise the costs.

I would speak to the solicitor as there the one to put you in the right direction, but my gut feeling if they come to you with an offer then there looking at settlement.

I had the same with my empolyer put all the grievance throu, then when it was ET time they decided to send HR up to help assist with a new role for me!!

Eventually they offered an out of court settlement, - my solicitor said no, they then came back with a counter offer - which we accepted.

Dont trust employers as far as you can throw them x

London18

Kingskid,
Have you actually been dismissed by your employer? I assume not as you say you are 'technically' still employed and on 'medical suspension', but then you say the employer 'got the doctor to say you were unfit to work so they could sack you'. So what exactly is your employment status with them now?

Also what exactly is your claim to the Tribunal - if you are still employed presumably it isn't unfair dismissal so if not, that what else - disability discrimination?

Also when you say you raised a grievance and they didn't investigate and 'told you where to go' can you explain in more detail what you were told at the time?

Hard to help without more info, especially in relation to the grievance and external investigator

Are you sure you cannot find a way to settle this and move on? Are you being realistic about the sums on offer? You need to think about your motivations for the ET claim and the desired outcome. Financially, I can't see what you can get out of a Hearing that would not probably be possible via a comp agreement. If you are doing this for the 'principle of the thing' or to punish the employer then remember you are also getting stressed and ill in the process plus incurring costs and so therefore 'punished' too - is that really worth it?

Kingskid

Dear All

Thanks for all your helpful posts and questions. I was so overwhelmed and I could not catch up as my body system shut down. You would note my OP was actually after 12am. I struggle on with efforts to wear me out.

I am still an employee but on medical suspension or ‘garden leave'. Had the tribunal letter not arrived at their desk, I would have been dismissed by now for the OH doctor’s report on a “non-medical” legal matter. However no one has spoken about the medical report anymore.

They offered a without prejudice CA through their solicitor but we (solicitor and I) made a counter offer which they declined; AND then started this private investigation. Fishing is the right word! - double thanks :).

The investigator’s report is full of misrepresentations and quotes out of context. I cannot sign it as a correct summary. I have the audio recording which I asked for permission to take.

I would have accept a reasonable offer for the sake of my life; it is not to punish them but a win-win settlement, given this potential loss of my job for no wrong-doing. I raised sincere complaints about discriminatory behaviours which traumatised me; now affected my abilities and limits the scope of future work options. I continue to need private supportive therapy – psychological and physical (not available or rationed on the NHS).

By "where to go", I was avtively encouraged to resign after I made a complaint with valid evidence.

I am so sorry I am unable to supply much more info on an open forum for various reasons.

I sincerely appreciate all your helpful comments.

For now, I pay my solicitor on a pro-bono basis while I await the insurance's assessment which needed the ET3.

P.S.
Please be kind to me, I am already very low. Thank you.

Takeaway_Addict

Whats stopping you going back with another offer for a CA lower to what you proposed as I am guessing the difference between you and then was very high?

Kingskid

I did not think to do that. Thank you

Kingskid

Thanks all. I am still at it. Back from hospital The final PI report is even worse than my own selective one. This is full of lies and made up incidents to portray me very badly by the bullis- as deluded, hostile, confused with perception difficulties - even rude (walking out of a meeting) in short things that never happened are claimed - very slanderous. Only wants to make me fight more for my name, but I am tired. It has been deduced that I am not sane enough or strong enough to cope with the job and a meeting is being planned possibly to fire me. I agree that I have become ill as a result of psychological injuries but feel if they are pushing me out, the bullies have had their way. I am not likely to be able to work for a few years due to the wreckage done. SOME of the lies can easily be disproved,

My matter is with the insurance solicitor who has asked me for everything under the sun.