Employment Advice - Tribunal worth it?

getmore4less

bobcat451 said:

Undervalued said:

bobcat451 said:

Hi all,
Just looking for opinions really. I was recently made redundant by my employer on the grounds that my position is effectively no longer needed (same reason was given to a colleague earlier this month too, I went after him) they still have people in that position doing the same job as I was and the workload is still there. I advised my manager after my other colleague being made redundant that its causing me mental health issues the stress and anxiety of it all as I was doing more work throughout the day with no chance of even getting to take a break and of course concerned about my job future, the day after advising my manager how its affecting me mentally, I also get made redundant without notice. To me this doesn't seem right as we was assured after the first redundancy that there is no plans to make anyone else, I was also being shown how to do certain new things within the workplace after the first person being made redundant (manual work basically) so it makes me think there was no plans to make me redundant either otherwise it would be a waste of time to train me how to do a certain aspect of the job as i would have been going regardless.

I've been given a settlement which im happy with etc, I just really want to see if this is any sort of grounds for discrimination as I thought employers were bound by law to help employees if they express mental health issues.

If you have signed a formal settlement agreement (after receiving advice from a solicitor or trades union rep) then you have signed away your right to make virtually any claim.

No, an employer is not "bound by law to help employees if they express mental health issues" unless the mental health issues is sufficiently serious as to be a disability (in law) and the employer was made aware of this (or should reasonably have been aware). Whilst mental health issues can legally be a disability for employment purposes it is not automatic by any means.

Even if you are eligible to make a claim, stop for a moment and consider what impact that is likely to have on your mental health. If you found work stressful you have no idea what fighting a contested tribunal claim will be like.

Particularly as you have "been given a settlement which im happy with etc" (your words not mine) frankly move on!

Sure, I get that. 
But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. I get that its stressful, just seems a little fishy that as soon as I mention concerns then I'm sacked. 
I've signed no settlement offer as yet, they will still try to find me another job within the company 

Are you  happy with the settlement or not.

If not tell them you want more.

MinuteNoodles

bobcat451 said:

But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. 

However if you lose being given a bill by your former employer for their legal costs if you lose and the judge awards them costs will be a whole lot worse.

bobcat451

getmore4less said:

bobcat451 said:

Undervalued said:

bobcat451 said:

Hi all,
Just looking for opinions really. I was recently made redundant by my employer on the grounds that my position is effectively no longer needed (same reason was given to a colleague earlier this month too, I went after him) they still have people in that position doing the same job as I was and the workload is still there. I advised my manager after my other colleague being made redundant that its causing me mental health issues the stress and anxiety of it all as I was doing more work throughout the day with no chance of even getting to take a break and of course concerned about my job future, the day after advising my manager how its affecting me mentally, I also get made redundant without notice. To me this doesn't seem right as we was assured after the first redundancy that there is no plans to make anyone else, I was also being shown how to do certain new things within the workplace after the first person being made redundant (manual work basically) so it makes me think there was no plans to make me redundant either otherwise it would be a waste of time to train me how to do a certain aspect of the job as i would have been going regardless.

I've been given a settlement which im happy with etc, I just really want to see if this is any sort of grounds for discrimination as I thought employers were bound by law to help employees if they express mental health issues.

If you have signed a formal settlement agreement (after receiving advice from a solicitor or trades union rep) then you have signed away your right to make virtually any claim.

No, an employer is not "bound by law to help employees if they express mental health issues" unless the mental health issues is sufficiently serious as to be a disability (in law) and the employer was made aware of this (or should reasonably have been aware). Whilst mental health issues can legally be a disability for employment purposes it is not automatic by any means.

Even if you are eligible to make a claim, stop for a moment and consider what impact that is likely to have on your mental health. If you found work stressful you have no idea what fighting a contested tribunal claim will be like.

Particularly as you have "been given a settlement which im happy with etc" (your words not mine) frankly move on!

Sure, I get that. 
But if its deemed I'm dismissed unfairly or indiscriminately, then surely I'll be able to get compensation which im sure will be a nicer figure than what I've got now. I get that its stressful, just seems a little fishy that as soon as I mention concerns then I'm sacked. 
I've signed no settlement offer as yet, they will still try to find me another job within the company 

Are you  happy with the settlement or not.

If not tell them you want more.

Lol, I told them what happens if im not happy, they said then you have to settle with statutory redundancy pay from the government

lincroft1710

One downside of bringing a claim to an ET is that if any future prospective employer finds out about this, it will do your chances of employment with them no good, more especially if you lose as you will be seen as a troublemaker and vexatious

TrickyDicky101

How long have you worked for this company anyway?

bobcat451

TrickyDicky101 said:

How long have you worked for this company anyway?

3 years so not a great deal of time really. 

getmore4less

Problem is after they let one person go you stuck you head up and effectively said I can't do the job anymore.
Maybe thought best get rid before they start pulling sickies.

bobcat451

getmore4less said:

Problem is after they let one person go you stuck you head up and effectively said I can't do the job anymore.
Maybe thought best get rid before they start pulling sickies.

getmore4less said:

Problem is after they let one person go you stuck you head up and effectively said I can't do the job anymore.
Maybe thought best get rid before they start pulling sickies.

Yeah maybe. Not one sick day in the 3 years I worked there though, i think it was really just a mixture of things. The fact I was getting paid more than the other staff too probably didn’t help. I was definitely the best one there out of the bunch, i was praised for how good my work is whereas my other peers were pretty lazy and didn’t get much done 

getmore4less

They are not moaning about how stressed they get doing a days work.

bobcat451

getmore4less said:

They are not moaning about how stressed they get doing a days work.

Stress happens everywhere buddy. When you don’t even get a chance to take a break during the day then thats not right, doing overtime unpaid, also not right. It wouldn’t have changed either because the work is the same everyday.