Employer ruined my life advice on tribunal please?

vicxzy

Hi,

Long story short I was bullied horrifically by my Boss from the second I announced my pregnancy 3 years ago, put in grievance after grievance none if which was upheld as employer refused to allow my witness to make a statement as she had also lodged a grievance against our boss for bullying her.
I ended up long term sick then mat leave then long term sick again with post natal depression as my employer refused to move me despite my applying for over 30 jobs in other departments & both my GP & Occy health stating I should be moved numerous times.

2.5 years down the line they apparently relented & said they'd move me as there was a redundancy situation but this was just a ruse to try get me to agree not to take a redundancy payment as they said id placed myself in a redundancy situation. They then refused me both redeployment jobs I applied for on grounds of denying flexible working. My time ran out to find a new job but just before it did my Grandmother passed away (she was like a mother to me) they accused me in writing within 24 hours of her death of lying about her death, not alleging dishonesty actually stating categorically I had lied & so therefore would be formally investigated for gross misconduct.
I went to their investigation meeting as I was so shocked & offered a death certificate which they claimed was not necessary as they now believed me. A week later I received another letter again categorically stating that I had lied about my grandmother passing away & telling me I had to go to a formal disciplinary hearing.
At this point I was so disgusted with their behaviour I resigned with immediate effect I lodged a tribunal claim yesterday.

They are refusing to pay me my 40 days AL that I accrued since 2011 & refuse to give me a reference as they state I was being investigated for gross misconduct & it was my prerogative to quit.

I have no chance if getting another job as they won't provide a reference & I was there for 8 years. I also can't claim JSA as they refused to pay me for long periods over the last 2 years.

I'm at my wits end can anyone offer any advice please?

Southend1

So sorry to hear this - it must have been awful for you.

I'm sure someone else more knowledgeable of the law on this kind of thing will be along to help soon.

In the meantime - it doesn't sound like it, but are you a union member? If so what has your union said about a tribunal claim?

Unfortunately, resigning was probably not the right thing to do as constructive dismissal is harder to argue than unfair dismissal, but you can't change that now. Have you sought professional advice? If not from a union, from an employment solicitor?

jacques_chirac

On what grounds are you claiming - constructive dismissal, disability/ sex discrimination? Did OH suggest you might be classed as disabled under the Equality Act?

Have you raised a grievance about the more recent events - the disciplinary and seemingly having redeployment blocked?

Takeaway_Addict

Sounds a tough situation for you and the employer tbf. Someone with more legal knowedlge will come along but I will say this, if you require a reference then I would strongly suggest that you look at the possibility of a compromise agreement with an agreed reference if you get the option.

vicxzy

Thanks for your replies.
I did not put grievances in about the more recent events as it all happened so quickly within a week I was a bit shell shocked especially with our bereavement too.
Ive claimed under sex & disability discrimination, They tried to get rid of me firstly because I was pregnant then because if my Post natal depression I also complained about Unauthorised deductions without explanation from my salary despite my enquiring (I have email proof) . Failure to pay notice pay. Failure to pay redundancy pay. Refusal to pay holiday pay.
I had to put the claim in quickly with the fees coming into place today I am in the union but they've been less than useless the last few years & my rep is off on AL for 2 weeks head office say they can't help I need to speak to my rep.
X

Southend1

vicxzy wrote: »

Thanks for your replies.
I did not put grievances in about the more recent events as it all happened so quickly within a week I was a bit shell shocked especially with our bereavement too.
Ive claimed under sex & disability discrimination, They tried to get rid of me firstly because I was pregnant then because if my Post natal depression I also complained about Unauthorised deductions without explanation from my salary despite my enquiring (I have email proof) . Failure to pay notice pay. Failure to pay redundancy pay. Refusal to pay holiday pay.
I had to put the claim in quickly with the fees coming into place today I am in the union but they've been less than useless the last few years & my rep is off on AL for 2 weeks head office say they can't help I need to speak to my rep.
X

Maybe contact your branch secretary as your rep is on leave? Your case is complex so it is likely to be referred to the regional office anyway.

It's urgent that you get help with this.

Did you get advice from the union before? I'd be surprised if they had advised you to resign.

vicxzy

They wouldn't advise me either way said it was my decision.
By the point I resigned I was so worm down by their constant bad treatment over 3 years & doing this about my grandmothers death was just the final straw I resigned because I felt I had no choice & that I couldn't work for an employer that would do such a disgusting thing to me.

vicxzy

Additionally am I able to raise a grievance now that I am no longer an employee? Thank you.

Southend1

vicxzy wrote: »

They wouldn't advise me either way said it was my decision.
By the point I resigned I was so worm down by their constant bad treatment over 3 years & doing this about my grandmothers death was just the final straw I resigned because I felt I had no choice & that I couldn't work for an employer that would do such a disgusting thing to me.

I think you need to try to re-engage with the union. Ask your branch secretary to refer your case to a regional officer. You should be getting support with the tribunal from the union (unless you have previously decided to act against their advice).

The alternative would be to see an employment solicitor. Don't do this first though as the union may not be able to represent you if you have engaged someone else to do so.

vicxzy

Thanks Southend.

paulineb_2

vicxzy wrote: »

Additionally am I able to raise a grievance now that I am no longer an employee? Thank you.

No, but you could lodge a claim at tribunal for constructive dismissal and theres no reason why you cant claim JSA. You might get a sanction as you walked out on a job but a first sanction lasts I think 13 weeks.

Also, believe me when I say they havent ruined your life. I was sacked in 2004 for complaining about my working conditions, my employer made life very very hard for me, I had another job within 6 weeks

I would say it would probably have been better for you to see the process through even if it was stressful and they had sacked you in the end but you didnt and all you can do is try and move on from here

And be grateful you are away from them, because they sound awful