Intimidated and threatened into resigning b4 I was paid sick pay - Page 3 — Scope | Disability forum
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Intimidated and threatened into resigning b4 I was paid sick pay

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  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    Thanks so much for the all the advice and well done both of you 
  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    What do they get penalties for ? 
  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
    cupcake88 said:
    What do they get penalties for ? 

    Employers can get additional Agravated Damages against them for exceptionally bad behaviour such as hiding evidence, harassment and personal threats.

    Ex-employees are safer to call in but they are just people and might decide that they can't be bothered or they could be intimidated so they shouldn't be the core of a case.

    Most employers are convinced they are smarter than you and are accustomed to brow-beating people to get what they want. There is no limit to how irrational they might get but this one sounds like a staightforward win for you though.

    Good luck.
  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    Thanks so much thanks every one and thank you for all of you fighting for what’s right and not giving up . Thanks for all the info I’m just bout to post my impact statement to them and the tribunal and some edvidence with the agenda so they can see what I wish to discuss so a court can see I have given them every opportunity I’m going to ask for the 10 th time now for certain documents from them would I be able to say in my letter that I wish to request of all these I will ask at pre hearing so if you do not want to give them to me can I have a full explanation to why and how they are not to do with the case or will I come across as rude ? it says on the agenda to say what your wished outcome is . Should I tell them a figure I’ll be looking to get in court and also is it a good idea to make them aware that they could face penalties ? Or not . I think I’m going to add to my impact statement all the address stress has called me .

    yeh my witnesses are exe employees some have given me edvidence  but can’t be witnesses due to other commitments which is fair enough . The staff that are still there have been basically told if they even speak to me there be sacked I have a copy of that email to . 
  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
    Don't mention money, that's for the court to decide. Google typical awards though.

    Mention the affect it might have on future opportunities too.
  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    Hi there . I sent off my last request for documents . I read that they can’t just refuse to hand them over they have to say why they don’t think there relevant for the case . They still have time to respond after they already extended once so hopefully there not given another opportunity to Mess about . I really don’t think there taking it serious at all . 

    Thanks every one for your support and advice I’ll keep you all updated . My anxiety is threw the roof with this . 

    My acas advisor said he will reach out to the employer again after he’s seen there response . 
     
    If a settlement is agreed does the case automatically get with drawn or do I need to let the tribunal know ? 

    And do they usually get like a set time in which they have to pay your settlement or can they just keep putting that off . 

    I have been reading tribunal cases online but I keep seeing loads of withdrawn cases. 
  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
    edited September 2020
    Right or wrong doesn't come into this. They have already behaved unlawfully and they are in complete denial. They are assuming that employees give up and walk away with nothing.

    A settlement is a separate route and (if suggested) would be your choice, not theirs. A settlement should be equal to a court award. As I've said most corrupt employers settle as I have had three do (and yes I do have exceptionallly bad luck.)

    So far it does not appear that a settlement is even being considered by them.
    A proper Settlement Agreement is set out in law and would be negotiated by your chosen solicitor who is (by law) paid for by the other side.

    You could leave the ACAS/ Court route running if a settlement was suggested (until signed) so keep ACAS informed. 

    No-one here should advise you on what to do.
  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    I’m so thank for every ones advice and support and thank you you both for not giving up . 

    Even tho I’m feeling worn down I’ll keep going . No not at the moment I really don’t think they will settle hence why I’m already preparing my self . I know what I’ll be happy with to settled for .  But they have no intention on settling . They told acas before they wanted to consider settling and spent the whole month messing about . So I’m very weary of them . I think there doing all this so I give up but I just have to keep  going .
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    I hope you get what you deserve in the end @cupcake88, I'm sure your persistence and determination will pay off :) 
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  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    @Ross_Scope thanks I hope so too thanks for your kind words 
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    No problem at all @cupcake88, I hope you're having a nice Sunday.
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  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    Hi every one the first of my silly offers came in today I had to say no it was a p take if I’m honest . According to there hr there more than happy to go to tribunal and they have every thing ready to go according to them but they feel it’s best for my mental health if I say there very well offer there solicitor told them it was embarrassing I turned it out and said a amount I would be happy settle at today . It’s hilarious because the amount they said I’ll be entitled is just embarrassing. I responded politely saying no thank you said a amount I’ll be happy with and I said if you do not want to settle on this amount I have no problem in taking this to a tribunal and as you mentioned nor do you . 

    Let’s see what they respond to do you think they don’t want to go to court ? There saying in there letter they have it all drawn up there et3 response and there all ready to go but they feel as if we should all move on from this aww how nice of them . I said no any way . I think they prob assumed I would just say yes to any amount . What’s likely to happen next ? They said in there letter they want to come to a fair amount and settle out of court but they offer me some joke offer . 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    This is normal they are just testing the water probably knowing you wouldt accept anyway 

    Of course they dont want to go to tribunal but they will want this to cost them as little as possible 
  • griff11
    griff11 Community member Posts: 127 Pioneering
    I wish my daughter had explored taking her employer to tribuanl for constructive dismissal but at the time her MH was at such a low point for months she was too afraid and tired to. Bascially she worked there for 2 years initially for 2 days increasing quickly to 4 days a week.  Then 2 months before she resigned she had a new contract for 5 days a week for the same job, same hourly rate but with extra duties. She queried why it had a probationary period on new contract and had an email back saying it was because of her intermittent MH issues to see if she could cope with the job.  She had in previous weeks tried to discuss with her immediate line manager about the excess work load demands but although she acknowledged the pressure of the work load she wouldn't respond to constructive suggestions from my daughter to address the so my daughter asked for meeting with Director.  He eventually summonded her to meeting and along with other director reduced my daughter to tears shouting at her etc. going on about her MH issues.  She was not offered the chance to take someone in with her, she thought it was to discuss workload issues and procedures.  Before this she had stopped her medication as with counselling her MH had improved to the point she felt safe in attempting to stop the meds (she reduced slowly). She resigned an hour after meeting but credit to her worked her notice out! 

    Now almost a year later and working for a new employer whose response when she told them of her disability - she declared it on application monitoring form and when filling in health questionaire after being offered the post , asked what they could do help.  Without exception all her work colleagues/managers have been amazing and she knows she's a valued member of the team.  She too wishes she had persued her ex boss not for any monetary compensation but because she felt her treatment by them had been unfair.
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    Sounds like your daughter has had an awful ordeal in the past @griff11 but it's great to hear how accommodating the new employer has been. It should be that way all the time.
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  • cupcake88
    cupcake88 Posts: 1,273 Pioneering
    Hey I’m sorry to here of your daughters treatment in the past and I’m so glad she has nice employers now that’s rare to find . I’m going to be doing a update on how my experience went your daughter  and your self might find it helpful in the future but I’m so glad she’s been treated with respect . 

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