Just keeping all up to date. After speaking to 4 different employment law solicitors they all advised me that I have cases for discrimination and constructive dismissal against the previous company I worked for. I could not afford solicitors fees with being out of work and this was being dealt with by cab. I have now Been advised that the company has a stronger case as I resigned and that constructive dismissal is very difficult to prove plus it is very stressful and can take a long time. I sent an email to the director of the company advising how I feel and that the temporary team leader had no right to change all the Rotas around and reduce my hours. To which she said she is sorry to hear how I feel but I made the decision to resign. I explained that I had no other option as what they was offering, to either travel nearly 1 hour away to a different service or pick up some day shifts are out of my hands with the pain my body endures on a daily basis. Anyway to cut a long story short I have decided to leave it as it is very stressful and my body is in so much pain. I have no energy to go through this even though the company have treated me unfairly. My whole body from head to toe is in so much pain and now I am going to concentrate on myself and rest rather than go through this stress. My body cannot deal with it. I have my pip assessment on the 18th of this month and also esa assessment in around 1 months time . I thought I was stronger and I could do this but as people are aware fibromyalgia is so painful and takes it’s toll on our bodies. I will keep you posted about my assessments. Please be kind to yourselves which is what I need to do now. Thankyou to everyone for being so supportive. Such a lovely people and a nice group to be part of
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Kazzza1976
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I understand what you are saying regarding the constructive dismissal, my husband tried to take his previous employers to court several years ago and kept hitting brick walls so he had to give in and just accept. It was good that he did so, otherwise could have cost us a lot of money that we didn't have.
Good luck with your PIP assessment on the 18th, and with your ESA assessment, hope it all goes well for you.
Only you can make the decision on what is best for you. As for affording solicitors' fees there are many companies who offer a no win no fee basis for taking on employment disputes. May be worth further investigation.
Good luck with your assessments and hope it all goes well for you.
I appreciate that when you're in pain you just need to concentrate your energy where it most helps you. With that in mind may I advise a little about your upcoming PIP assessment presuming it's by phone:
- If you have kept a copy of your initial claim form, have a read through it.
- Ideally you should have given 1 or 2 recent, detailed examples of the difficulty you face doing/attempting each applicable activity/descriptor that is looked at with PIP, i.e. when exactly did this occur, where, what exactly happened, why did you have difficulty, did anyone else see this, & were there any consequences to this, if applicable?
- have a look at the PIP descriptors in this link, reading the notes at the end. The word 'reliably,' which is so important, isn't mentioned as such, but it's if you can't do an activity safely, to an acceptable standard, if you can't repeat it as often as would normally be expected, or if it takes you longer than a person without your disability. If you can't do an activity 'reliably,' say so, explaining why. Please see: cambridgeshire.gov.uk/asset...
- see if there were any gaps where you didn't give those important detailed examples for each applicable PIP activities/descriptors in your initial claim form. Try to include these in your assessment if asked about any
- you may be asked questions which you feel don't directly address the PIP descriptors, but they will, sometimes looking across a few, e.g. do you drive, do you have a pet?
- if you're unsure about any question, just ask for it to be repeated. Take your time in answering, & don't just answer yes or no.
- make sure your phone is fully charged, & if you'd like someone there to support you, put your phone on speaker phone so they can listen in. Good luck.
Hi kazza, sorry to hear that, yes, definitely focus on you now, your health is more important, try to do things that relax you, ready for your other assessments. I wish you well and hope your pain eases up for you xxx
I'm so sorry to hear everything you're going through. It's so unjust but that's life sometimes. At the end of the day your health is more important. I hope things improve for you, perhaps less stress will help x
Personally I think you have made a wise decision. My husband was told the same. The employment solicitor he saw said he had an extremely strong case but it takes a long time and is extremely stressful to take a large company to court. He pointed out that they could easily afford barristers and costs can spiral. Unfortunately, you did weaken your case by resignation but I totally understand why you did so as you thought thr changes were so unfair.Have a rest now. You have been given good advice about the PIP assessment. Good luck with it and please let us know how you get on.x
Thankyou so much . Yes it can be very costly which I do not have the funds as I resigned. And my body is very sore and painful and I have decided to leave it. X
hi you have had a terrible time with a company that dont care,you have a definate case against them,im going through a similar thing so i got acas involved but like you not sure if i can take the stress as i worked for council who have a whole team of solicitors,good luck with pip xxx
Thankyou for your reply. It was a difficult decision but had to do what is right for me and my health. And the person I was dealing with from cab told me he thinks the company have stronger evidence as I resigned? But their was a reason I resigned. Anyway I am putting this all behind me I can’t do it. Sending love x
I’m genuinely sorry for what has happened to you. I believe CAB has given you the wrong advice. Resigning from a job due to unfair treatment and other grounds can amount to constructive dismissal. I resigned and then took my employer to Employment tribunal within 3 months of resignation. That’s the law! …I’m not going into too much detail but I won my case. I did everything by myself despite the multibillion £ company having several lawyers.
I must admit it took its toll on me but I was determined. I think you made the right decision as the whole process can be really really exhausting.
I think resting and doing what we like most, even the basic thing, is key to our health. Unfortunately, some employers are cowboys.
Hi. He said at first I had a really good case then he said he didn’t look through the information properly as he only works once a week at cab. He said I did not put a grievance in so that will go against me. He also advised that the company had not finished trying to solve things but I resigned. And not only has the company got a legal obligation to me but also to the other lady as well Doing back to back night shifts with me. He said they will have stronger evidence and he also made it clear that he had spent more time than he should of on my case when he is only a volunteer working one day a week. But besides this my body is already in a lot of pain and I have no energy or motivation to fight against them. Thankyou for your reply
I hope you will have some pain relief today, I know the feeling of pain…believe me …it’s really tough when there are unexplained pain but externally we look okayish 🙋♀️🙋♀️🤗💕
Well done on doing what's right for you, I did the same in that situation so I know how difficult it must have been coming to that decision. Best of luck for your upcoming assessments, I truly hope it all goes in your favour and relieves you of some of the stress and uncertainty your going through. Sending gentle hugs x
Hi KazzaI can appreciate exactly how you feel. I'm somewhat in the same boat with my former employer terminating my contract just at the end of my probation.
They'd made it untenable to do the capacity they, or rather, my manager was asking. Despite employing me on full disclosure of Fibro.
Unfortunately I additionally developed an eye condition, requiring surgery and prolonged recovery period - not planned!
Personally I think most employers pay lip service to the Disability Act even though they know it could land them in hot water legally.
They bank on the affected person not being well enough or have the energy (or finances) to pursue their case.
My partner and also a former colleague think I'd have a good case but I really don't have the physical energy or emotional capacity to take things further.
Exactly the reason why I understand your decision.
Please take care and look after yourself, you're the most important person in this scenario.
Sorry to hear this. It sounds like you do have a good case. I can totally understand you not having the physical energy or emotional capacity to take things further, it is a very long and stressful process which my body can not be put through this process. I do often think to myself, why should they get away with it ? But it’s not worth my health going worse. The pain is bad enough now. Look after yourself. Sending love
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