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not sure what to do

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  • not sure what to do

    Hello


    I am upset, confused and angry


    I was employed for 3 and a half years with no union and no one to turn to for support


    I lost pre hearing case due to personal issues, I had malfunction with some equipment and it did not come back from repair in time


    No cushion, adjustable in height trolley provided after first accident.


    I was told would have been a good valid claim for constructive unfair dismissal and disability discrimination


    Around 2 1/2 years earlier I suffered some work injuries, which the department of pensions ruled in my favour as an accident - whom made decision some 12 months after I was told would be better but was not advised of Industrial Injury Benefit when first claim made.


    About this time I had 3 months off due to injury, I was paid a bonus and sick pay but I did not receive my full pay for that period.
    I made solicitor aware I was due to be paid this if not off sick, I returned for part time employment some time after but was only compensated for that, my claim settled less than £4000 which left me some £865 short now over 25 thousand in earnings.


    I then unfortunately suffered further injury some one and half year later due to still not being properly trained e.g. no video being shown, suffered harrassment with medical reports discussed in open and suffered a mental Breakdown - I cannot talk about that here but can tell people private message


    I had sought counseling and am on anti depressents but could not take when happened due to anxiety from loss of family member, and I was on Diazapam and could not mix anti depressents together with these, when prescribed some, some disagreed with me.


    Would making the HR team aware of my illness but their lack of action to do anything about it , still make them negligent?


    I have a personal injury claim out for the depression which started before employment route, as it had been acknowledged in PHR and deliberately made out that I had it 3 years before I joined them. Shortly after first injuries, employer deliberately changed insurers. CAB and Acas both advised personal injury route due to further time limits for depression even the people who wrote report for first accident told me to.


    I was just wondering, as I understand six year period for breach of contract, who's opinion the breach of contract would be, my former employer for not paying wages when off sick or solicitor for not double checking schedule of loss and making sure with me first it was correct which I told them I was not satisfied with it and plus I did not work notice period only given PILION of two weeks when contract said four but paid for four in arears when forced to resign on health grounds some 18 months later


    Thanks
    Tags: None

  • #2
    Re: not sure what to do

    good evening and welcome

    you will prob guess by my avatar that i am a trade union official and ill try and help

    just reading your statement you mention pre-hearing case and statement of loss

    has this been or in progress at an employment tribunal

    how large is the employer roughly in staff numbers

    Comment


    • #3
      Re: not sure what to do

      Hello

      Thanks for trying to help, must admit worked with firms no unions so unions new to me.

      It is in progress for going to civil court for personal injury route

      There are around 5000 employees

      I was not only one who suffered breakdown and forced out.

      Comment


      • #4
        Re: not sure what to do

        who is handling the civil claim

        do you have a solicitor

        Comment


        • #5
          Re: not sure what to do

          Yes I have solicitor, unfortunately the employment side out of time so was advised to do personal injury due to longer time issues, going to see expert soon on report of depression but I have report from counseller confirming due to bulllying

          Comment


          • #6
            Re: not sure what to do

            its a shame you do not have a trade union, people say what use are they in this day and age, yours is a perfect example why we need trade unions in this day and age with underhand performance management draconian attitudes by employeers

            your solicitor is right in that you only have three months less a day to bring a claim to an employment tribunal

            did your company have an occupational health advisor

            Comment


            • #7
              Re: not sure what to do

              Are they still neglient in terms of the pay for breach of contract in civil court six year period?

              I was not advised by solicitor minus one day to bring it in

              Yes they had a doctor, who saw me twice in person whom they did not believe, they left some 9 months later, for me to have medical reports sent to another firm, who failed to see me in person and said i was better without an assessment. My GP confirmed I was not better.

              Comment


              • #8
                Re: not sure what to do

                i do not know if your solicitor is up on health and safety legislation but he/she needs to be made aware of your consultation with occupational health and their failure to look after your welfare

                it is a legal requirement under the health and safety at work act

                you can bring a civil claim, no problem in that but what has your solictor have to say on that aspect of any claim

                forget unlawful or constructive dismissal, that option is long gone but you can claim loss of wages, bonus, breach of contract etc

                again i will say

                what does your solicitor say on this employment side of a claim

                Comment


                • #9
                  Re: not sure what to do

                  I shall make her aware of the occupational healths side of it. I told her MRI was done a year after first accident not sooner. I did ask them when personal injury claim first started if I should do employment claim too they failed to answer question, and I stilll have email asking, I was going to phone to chase but my faulty hearing aids when others in repair, I could not use the phone due to squeak in ear as others faulty.

                  The argument is I had a trolley, but it was not available on day of first accident, and if it had been I would have still had to bend down with no adjustable in height trolley, reported accident, manager refused to accept injury and failed to report to management in head office, and failed to do risk assessment. They were also told twenty minutes of shredding but I was forced to do three segments of 20 mins when 13 members in the team where there no work passed to them and others with bad backs taken off work. Not even video on manual handling even shown, surely that important. When final report with no assessment came in I was forced to stand 50 mins or more making sciatica worse, had never heard of that prior first injury.

                  Occupational health said no lifting over 5 kilos, they refused to accept five reams of paper not in individual reams remotely heavy, when evidence shows 13 kilos, I used common sense to take 300 sheets max out at a time in excess of 2 kilos. First assessment in person even said no bending, when firm moved offices, paper was in ridiculously high places with no step ladder or too low down even having to bend down.
                  I did ask when I first started personal injury before she joined, if I should do personal injury claim , they did not answer my question, when I was going to ring my hearing aids malfunctioned and being deaf I cannot use phone without them
                  Last edited by lostfaith; 10th May 2012, 19:26:PM.

                  Comment


                  • #10
                    Re: not sure what to do

                    let me know if you have problems with the civil claim from your solicitor about claiming wages etc which will be seperate from the personel injury claim, but make sure your solicitor knows about your occupational health appointment and the failure of your employer to take action

                    keep your thread updated so i can keep an eye on it and good luck

                    Comment


                    • #11
                      Re: not sure what to do

                      If I may raise a point, the Protection from Harassment Act 1997 may provide the OP with some ammunition. Also, the Court of Appeal ruling in the case of Mjrowski -v- Guys & St Thomas's NHS Trust 2005 may have some clout. If the OP were to launch a claim under Section 3 of the PHA, this would give them six years to claim and the Limitation Act 1980 does not apply to psychological injury (Section 3 refers). Hope this of some help.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #12
                        Re: not sure what to do

                        tell me bluebottle

                        in general, is the protection from harassment act used any more since CPUTR came into force

                        i know its used for a dca but ime talking of a wider scope

                        Comment


                        • #13
                          Re: not sure what to do

                          Thanks, guys, appreciate it, was not aware I can bring seperate things in or does that make it harder or should they all be different issues e.g. different solicitor handling each one

                          It is a shame with my equipment malfunctioning and thought I did right thing prior to case starting if I should go employment route also but they did not answer my question

                          Is it worth telling the medical expert my GP advised I cannot work for some time and give him or her my counselors report?

                          It is a real shame equality law not in effect prior 2010

                          I am improving and have registered self employed, it gets me out the house and meet new people to forget about the past but three years of my life was affected by this.

                          Comment


                          • #14
                            Re: not sure what to do

                            It is a real shame equality law not in effect prior 2010


                            but they were prior to 2010

                            the equality act came into force in 2010, that is correct, all the other acts came together to make up the equality act

                            prior to that we had the sex discrimination act
                            equal pay
                            trans gender
                            dissability discrimination act
                            etc,etc

                            your situation would come under the dissability discrimination act so you have not been given the full facts

                            Comment


                            • #15
                              Re: not sure what to do

                              Hi there lostfaith,

                              Sorry to hear how upset you are, just try and keep positive, I know its hard cos I'm there right now.

                              I can relate to the above as I went to the E.T and lost and am in the process of putting an appeal together. However I am really worried about costs at Appeal being awarded. To bring the appeal I don't think would be unreasonable.

                              "Would making the HR team aware of my illness but their lack of action to do anything about it , still make them negligent?" This is exactly what happened in my case and the judge failed to spot this so, on law I think this forms part of my appeal, in addition to this the judgement is 100% bias and sided with the respondent.

                              I also, "suffered harrassment with medical reports discussed in open and suffered a mental Breakdown", in my case, my medical report was openly passed around despite the fact I asked for it to go to ONE hr manager.

                              Please PM me details as I would be interested in the route you take in the civil court within 6 years of leaving as I too may choose to go down that route also and would be good to discuss my options.

                              All the best and look forward to any comments/ PM messages

                              Regards

                              Comment

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