Harassment

Hectorvector

Hello
Can anyone help me?
I’m going through Acas with my employer. It relates to discrimination at work. I am the claimant.
Initial Acas conciliation failed and I have been issued with relevant certs, that have allowed me to register the claim at tribunal.
My question is can the behaviour of my employers after my resignation be referred to in court? Basically they have been in contact with various third parties and ultimately then managed to get direct contact with very close family members. They have been attempting to use these family members to try and discourage my claim. They have discussed personal information along with some disgusting claims relating to me of a sexual nature. I was not aware of the contact they had been having until about 3 weeks had passed. This contact was after I had resigned. Obviously if while I was employed it would constitute some sort of harassment at work. But where do I stand with their behaviour now in leading up to the tribunal. I have a preliminary date from the courts. I have made a proposal for settlement through Acas. I am not that happy settling out of court as it will effectively gag me as to their behaviour, which according to Acas and my previous solicitor they have never witnessed such extreme behaviour. Hope someone can help me as I prepare for tribunal. Thanks

sangie595

Hectorvector wrote: »

Hello
Can anyone help me?
I’m going through Acas with my employer. It relates to discrimination at work. I am the claimant.
Initial Acas conciliation failed and I have been issued with relevant certs, that have allowed me to register the claim at tribunal.
My question is can the behaviour of my employers after my resignation be referred to in court? Basically they have been in contact with various third parties and ultimately then managed to get direct contact with very close family members. They have been attempting to use these family members to try and discourage my claim. They have discussed personal information along with some disgusting claims relating to me of a sexual nature. I was not aware of the contact they had been having until about 3 weeks had passed. This contact was after I had resigned. Obviously if while I was employed it would constitute some sort of harassment at work. But where do I stand with their behaviour now in leading up to the tribunal. I have a preliminary date from the courts. I have made a proposal for settlement through Acas. I am not that happy settling out of court as it will effectively gag me as to their behaviour, which according to Acas and my previous solicitor they have never witnessed such extreme behaviour. Hope someone can help me as I prepare for tribunal. Thanks

If it is part of a continuing action, then yes, it can be referred to. But the uncorroborated word of close relatives is unlikely to hold much sway. And by introducing these matters into the tribunal you open yourself to attack on these claims, and on the allegations made against you. Be very careful. Things can easily backfire.

Be aware that tribunal procedures are not about revenge or teaching someone a lesson. You can lose. You can get less than is offered. And honestly - no matter what you think - nobody is going to care about anything you say about your previous employers even if you prove your case. In fact, it can be more damaging to you. Remember, a gag clause works both ways - the employer can't say anything either. Plus, many other people and possible employers simply don't want to hear your complaints about them. If anyone cared there would be flashing headlines about bad employers every hour. There aren't. Wanting your day in court is the worst reason to turn down a settlement. And honestly, not worth it.