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Lozzy Community member Posts: 4 Listener
edited October 2018 in Work and employment
Hi I work for a disability organisation as an Administrator.  I had six months Probationer Period.  Within a month there was a change of Service Manager. To the one that employed me.  The role is for 12. 5 hours a week.   I've been having supervision rmeetings which I've not received  in writing what was discussed .  In one of these meetings ting the Service Manager discussed she wants the role to increase to 28 hours she didn't want to do job share so she left it with me to.think about.
Since then there have been a number of things happen.  I disclosed my illness of M. E. /fibromalgia at interview.  It's a weird illness that affects my immune system, in constant pain and tired besides a lot of other symptoms which I manage on a day to day basis.  I've had days of not lots but days when I've not been a le to function and it was clear that Service Manager didn't understand disability and sickness. 

I'm in the process of trying to deal with a very trouble some 15 year old which has caused me to become very stressed and not being able to deal with work.  I sent two texts and got no reply, then sent an email.  I got a reply the next day saying from the Service Manager that she wasnot sure how to treat the absence and that I was to ring her and also she said she had extended my probationary period by a further 3 months.  I rang her and spoke to her informing her of my problems she asked how long I thought I would be off said I would telephone her on Sunday which I did saying I would come in on the next Tuesday she asked if I could come in the next day Monday.
I got up on Monday but I wasn't good to go to work I had been worrying all night   didn't want to talk to anyone which is how the illness makes me.  rang the house a few times so I sent an email with my resignation. Because I was feeling presureied to do so. 

I have not heard anything.  What should I do any ad ice please 


  • Leigh6873
    Leigh6873 Community member Posts: 3 Listener
    You need two years for constructive dismissal but if u got a disability under equality act you can claim failure to make reasonable adjustments but only have three month to go tribunal . Iv just ran my own case but iv id ov known the way its done before even getting to that final nearly killed me pysically mentally and emotionally .write a grievance asking for reasonable adustmemts iv they know about it they have to by law and can use constructive dismissal under duty of care gud luk xx
  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
    edited October 2018
    Hello @Lozzy .

    Unfortunately there isn't really anything you can do now. It's clearly discrimination but by quitting without attending any meetings there is no chance of proving it.
    On the face of it, they have done nothing and you just decided to leave.
    If a person wishes to defend themselves from an abusive employer, there are a few things to bear in mind;
    • Never talk on the telephone unless you can record the calls.
    • There is no such thing as a probationary period in law. You are employed from day one.
    • Log every event carefully and secretly.
    • Disclose a disability at interview if you want the law to back you up.
    • If the employer refuses to keep notes in the meetings then do so yourself and follow each one up with a letter saying "During the meeting between A, B and myself, the following matters were discussed and I understand the situation to be....." They will likely refuse to acknowledge this which is good as it means they aren't denying it.
    • Never talk with just one person. They will have their own personal agenda. Always copy-in their manager or HR etc.
    • Remember that with an unrecorded one-to-one meeting, it never happened unless both parties say it did ! It works both ways.
    • Never, ever quit unless you are willing to give up the fight. Even if you had basic employee protection, Constructive Dismissal has the lowest success rate of any dispute at Tribunal.
    • Always talk to ACAS first. It often puts the wind up employers and it is a compulsory first step before Tribunal.
    • Be open to entering into a Settlement Agreement. The employer is required to fund your lawyer and you can set the terms for compensation and dictate a letter of reference that they must write. Also you can add a gagging clause just like they can.
    You can try to plead that you sent the resignation "when very upset" and that you didn't mean it but I don't fancy your chances. I would expect that they now consider the matter closed.

    Best of luck to you.
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