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Tribunal (Work Related Stress)

including wills and probate
AsleepInYorkshire
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Tribunal (Work Related Stress)

#345425

Postby AsleepInYorkshire » October 5th, 2020, 5:49 pm

I've been working in a toxic work environment since November last year when I joined a new employer. It became worse in June of this year and it's probable I have symptoms of work related stress.

I've handed my notice in and my leaving date has been set as early December 2020. I have a telephone appointment with my GP on Wednesday to discuss my symptoms with her and see what support she can offer. As a general rule I'm a tough little cookie and am not sure why I have succumbed. On a side note I have signed my self off until I speak to my GP and although some of my symptoms are difficult I am getting the support I need from my family.

Obviously I have options and I'm exploring them as my employer has already made some remarks which suggest they are going to make the time between now and my departure difficult. They have also insisted I travel to the office over 125 miles away every day to work in a "covid secure" room. They have said they will let me go now but will not pay me for anything other than my accrued holidays and that payment will be made until my leaving date in December.

I'd prefer not to go into too much detail about various events to date.

Does anyone know how to ask a tribunal to review this please?

AiY

Avantegarde
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Re: Tribunal (Work Related Stress)

#345434

Postby Avantegarde » October 5th, 2020, 6:14 pm

What would you complain about, exactly? If you have a grievance, contact your trade union for advice. If you aren't a member, join one, though some unions take a dim view of "deathbed conversions". If you have a genuine grievance, you may be obliged to go through your employer's grievance procedure first, then you will have to use the ACAS early conciliation procedure, before making any claim at an employment tribunal.

EverybodyKnows
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Re: Tribunal (Work Related Stress)

#345443

Postby EverybodyKnows » October 5th, 2020, 6:46 pm

What do you want to achieve?

A reference?
Cash?
Retribution?
Peace and quiet?


If you want to sue your employer then you should speak to a lawyer - they will likely ask you for details regarding events and dates. Some of these will be time barred (i.e. too long ago to count). Roughly you have a 3 month ticking clock from an event occurring to bring a claim.

An ET will not review the situation for you until you submit a formal claim using an ET1 form. You will need to speak to ACAS - called conciliation - in order to go to a tribunal. From memory, once you put in your paperwork your employer will have a month to respond. The ET will then either arrange a hearing date (if it is simple) or more likely a preliminary hearing to sort out the wheat from the chaff. To get to a final decision from the ET could easily be a year from now. This process is never quick.

It really depends on what you want to achieve. Most people negotiate and settle out of court.

Clitheroekid
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Re: Tribunal (Work Related Stress)

#345499

Postby Clitheroekid » October 6th, 2020, 1:17 am

If the stress has caused you to become ill then a Tribunal may not be your best option. Stress can amount to an industrial disease that would allow you to seek redress through the courts.

One advantage of taking the court route is that you have 3 years to bring a claim, whereas the time limit for making an application to a Tribunal is 3 months.

Also, if you hire a lawyer to seek compensation via a tribunal they will probably seek a contingency fee - maybe 30% of whatever you receive. If you seek compensation though the courts the lawyer can get their fees paid by the employer's insurers.

You should check to see if you have any legal expenses insurance. It's often bundled with house contents insurance, and many people have it without realising. Although LX insurance is notorious for the insurers wriggling out of claims employment is one of the few areas where it can be useful.

There's some more information here (I've no knowledge of the firm involved, and this isn't a recommendation to use their services) - https://www.oakwoodsolicitors.co.uk/new ... mentclaim/


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