I am taking my former employer to an employment tribunal - What do I have to lose?

AuorFed

Hi All,

I am taking my former employer to a tribunal - I was not going to but a few weeks after I left and started a new job I still felt that "bullied" feeling and I know I will regret not doing something about it if I don't.

Basically, my line manager made disgraceful comments about my conditions, ADHD and ASD. We all had to do a drug test and they found I was taking lisdexamfetamine, I declared it, but OH shared it with HR and my Line Manager. I never ask for reasonable adjustments as the adjustments I need usually come as part of the role as I work solo and can listen to music and concentrate on things. But they never even offered them.

I asked for a SAR a few months back which I received about 2 weeks ago. It has lots of evidence about how I was treated unfairly. But it's mainly the personal comments She made during zoom meetings that were not recorded which I obviously can't use as evidence, she said some stuff in front of the team but none of them are willing to testify, She called me a methhead in front of everyone. "He can do it fast, he is on speed". I kept telling her not to.

Now I find myself in a situation where I think I have enough evidence but I am not sure. I think it could easily go either way, but I know if I do not do it I will hate myself.

I spoke to ACAS so much as gave them examples of everything, They said I should be in Vento middle band. I had a brief chat with a solicitor but I do not want this to drag on for months or years, Who said I definitely have a case as there were many mistakes made. I do not really care about the money, I just want an apology and for them to go away and get some neurodiversity training, but apparently, I need to claim for injury to feelings if I do not want my job back. Solicitor also said that as they already have a legal team if I lost I would likely only need to pay fees for their travel.

So I am thinking of representing myself, if I am honest, I do not really care if I win or lose so much as I have done something about it, and knowing it's public I think will cause them more issues than me and it will be quicker. I do not feel stressed about it at all, I have felt relief since the day I started proceedings.

What I want to know though, Is what is the worst outcome for me, would the public tribunal record damage me in any way, do reference agencies look at this? How much could I end up paying in damages if I lose? Is it worth paying for a solicitor?

I am not eligible for free legal, I have enough money to pay for a solicitor, I would rather just use it for a house deposit.

Thank's for any help.

Hannah_Alumni

Hello @AuorFed

Welcome to the community!  

I'm afraid I don't have any knowledge in this area, I am going to tag your post as 'Unanswered' in the hopes someone will see it and be able to help.

I would say, for legal advice, it is best to go to the solicitors. An alternative idea is that it may be worth bringing this to the attention of your Local MP. They may be able to help and you won't have to go with the cost of a legal route. 

shellbell20

AuorFed said:

Hi All,

I am taking my former employer to a tribunal - I was not going to but a few weeks after I left and started a new job I still felt that "bullied" feeling and I know I will regret not doing something about it if I don't.

Basically, my line manager made disgraceful comments about my conditions, ADHD and ASD. We all had to do a drug test and they found I was taking lisdexamfetamine, I declared it, but OH shared it with HR and my Line Manager. I never ask for reasonable adjustments as the adjustments I need usually come as part of the role as I work solo and can listen to music and concentrate on things. But they never even offered them.

I asked for a SAR a few months back which I received about 2 weeks ago. It has lots of evidence about how I was treated unfairly. But it's mainly the personal comments She made during zoom meetings that were not recorded which I obviously can't use as evidence, she said some stuff in front of the team but none of them are willing to testify, She called me a methhead in front of everyone. "He can do it fast, he is on speed". I kept telling her not to.

Now I find myself in a situation where I think I have enough evidence but I am not sure. I think it could easily go either way, but I know if I do not do it I will hate myself.

I spoke to ACAS so much as gave them examples of everything, They said I should be in Vento middle band. I had a brief chat with a solicitor but I do not want this to drag on for months or years, Who said I definitely have a case as there were many mistakes made. I do not really care about the money, I just want an apology and for them to go away and get some neurodiversity training, but apparently, I need to claim for injury to feelings if I do not want my job back. Solicitor also said that as they already have a legal team if I lost I would likely only need to pay fees for their travel.

So I am thinking of representing myself, if I am honest, I do not really care if I win or lose so much as I have done something about it, and knowing it's public I think will cause them more issues than me and it will be quicker. I do not feel stressed about it at all, I have felt relief since the day I started proceedings.

What I want to know though, Is what is the worst outcome for me, would the public tribunal record damage me in any way, do reference agencies look at this? How much could I end up paying in damages if I lose? Is it worth paying for a solicitor?

I am not eligible for free legal, I have enough money to pay for a solicitor, I would rather just use it for a house deposit.

Thank's for any help.

If you have house insurance it might cover legal expenses. You won't pay damages to the other side unless it is a vexatious claim which doesn't seem to be so in this case and yes you can represent yourself, but the procedure is lengthy, and the Employment Tribunals are backed up in most areas so that you might have a long wait. It shouldn't interfere with reference agencies nor should it impact future references from your former employer as if you win the case you can ask for a reference as part of the settlement.   Good luck with whatever you decide.

Tibik

Representing yourself is a bad idea. 

See if you can find an employment or disability rights solicitor who can help as part of a no win no fee arrangement. 

Did you belong to a Union?

Did you tell anyone else, in any recorded way, what they said and how you felt at the time? LIke a facebook post or email? Did you tell a doctor or a nurse? 

The Tribunal can subpoena people to testify, and being faced with being charged with perjury can be enlightening.

If you really insist on going forward on your own, I might be able to help a little if you want to message me- I don't want anything from you, but can give some advice about organising your evidence, etc. 

justjules75

hi unsure if you will see this now as it’s last year I hope you were successful in your claim! I too am currently helping my son with a discrimination case and self litigating I have no idea what I’m doing but I would love some advice on a recent question asked by respondents asking for my new employers salary details that I am paid firstly is this allowed and secondly they not asking for evidence but they want devoted date of job when started and how much income during dismissal and new job (only PIP) but the way this is going as they deny lots of things is if they ask for evidence letters contracts ect am I obliged to send these I find this difficult to comprehend what difference this makes to them and I think it’s personal but before I respond I would like to know where he stands ! For note it took him 9 months to get a new job due to his “mental state” it’s not a term we slowly use but my son was in the worst place he is registered disabled and has a few diagnosis but they not accepting 2/3 if anybody could kindly help me that would be amazing we can’t afford solicitors and again like the original poster it’s not about money but never once have they apologised he is really struggling with this and very much hurting ! I’m scared for him and how this will go as it’s very hard work and he doesn’t understand any of what’s happening so I’m reaching out as much as I can 🙏🏻 good luck to original poster I felt like I could have written your post myself x

Smethyss

I went through something similar at a previous job, and while my manager didn’t use words as harsh as “methhead,” there were constant digs about my ADHD medication too. It's so discouraging when workplaces that are supposed to support us end up doing the opposite. When I filed, I also wasn’t in it for the money—just wanted them to recognize they’d crossed a line and maybe adjust their practices a bit. It helped that I referenced resources like the Full Concentra Drug Test Guide source. That guide really breaks down how workplaces are supposed to handle things confidentially, especially with neurodivergent employees.