Question:
would i have a case in for employment tribunal?
anonymous
2012-06-08 11:49:54 UTC
Ive been working for a company for 6 years now, when i first started i never declared the fact im dyslexic, for many reasons really but mainly down to the fact i wasn't sure if id get a job or not, i dont by law have to tell anyone until im ready.

3 years ago i wanted to start moving up the ladder, progressing forward is a battle field so many people want the same thing, to more forward in the company so telling them i was dyselic was a no go, as the managers in this place are far from equal oppitinuties so i had to keep it quite if i was ever to progress.

I sat in a meeting with my people manager to show my interest in progressing and told him i am dyslexic would this affect me, he very genuinely said not at all - all the support you need will go with the job blah blah blah.

Hes now left, and for the last year and a half ive been a dept supervisor, this goes on so i will pinpoint situations and things that have happened keeping in mind every time they did or said something made it harder for me to tell them im dyslexic.

Three managers play a part in this, they will be called P, R and J.

First ill start by saying i never got the correct training needed to run a 250K a week dept.

-R and P kept telling me im a disapointoint and unable to do the job, which i respond im not trained.
-R and P gave me a 1 in my annual review claiming ive not been doing the job long enough for a review.
-R and P took me into the office when managers had gone home telling me to step down or they will force me even if i retaliate for constructive dismissal.
-R and P put me on a non official 6 week trail to train me and if i didn't pass it said i have no choice but to step down.
-P walked upto me on the shop floor and started sniffing me when i asked whats going on he claimed i had a hygiene complaint about me and kept sniffing me and said 'you don't smell' then continued to smell me.
-P admitted to me before he left for another dept R wanted me to fail and he wanted to get rid of me.

I went to my people manager to put a grievance in she didn't document the convocation, and wasn't taking it seriously.

-R stupidly gave me his E-Mail details so i could do something for him as i looked though the junk mail i came across an email from the people manager saying 'hes trying to put a grievance in don't think i can talk him out of it, abit of a nightmare.'

Ive got pages of abuse ive gotten a diary of nasty hurtful comments and emails, this is just the tip of the iceburg.

Long story short, i got a new manager called J and R as the other mananger, They were trying to put me on an official Preformance review and if i didn't pass id have to step down, which i again turn and say I NEED THE TRAINING weeks had passed had another annul review got another 1, i was stopped progressing further as i was on a preferonce review, i was given a date for the meeting then one day before the meeting for my review it got cancelled noone told my why until afew days ago, J said we tried but has you didn't have the right training paper work we are unable to put you on a review, so they both knew i didn't have the training and still didn't tell me until i asked.

In short, over the last 1 and a half years, ive been signed off though stress abused mentally and my home life with my wife is suffering as all this back stabbing and being bullyed has caused me to become paranoid, my personality has changed in a negative way and i struggle to be myself.

I work 48 hours a week I home life was struggling and i asked i need to just to 38 hours a week and they told me if ever i try and cut my hours down from 48 they will look at ways of getting rid of me.

Afew things about me:

My colleagues love me!
I dont have hygiene issues=P
Im genuine
Im tired
I run that dept with ease the biggest reason im hated is, Im not Forceful enough, i wont always do 48 hours a week. they also tell me im not untitled to a social life and to deal with it.

Again this isn't close to everything that is happening, i am hoping you can see telling then i have learning issues isn't the best idea as they will use it against me, so the questing is do i have a case? thank you.







I
Six answers:
Nick
2012-06-08 14:45:23 UTC
As simply as I can, you would only have a case at an ET if:-



a. you have been dismissed (and it doesn't seem that you have)

OR

b. your treatment was so terrible that it entitled you to resign and claim 'constructive dismissal', which means you could treat your contract as ended.



Neither of those seems to apply, so I can only say 'no'. Option b is a risky strategy and rarely a wise move as you risk everything, and at best you would get redundancy pay and your contractual notice.



That does not mean your treatment is OK, and that you cannot or should not do something, but it is important to use your internal processes first - either a Grievance or possibly through a Harassment policy (if they have one).



Good luck.
?
2012-06-08 19:26:47 UTC
You don't say how or where being dyslexic affects your ability to do your job

You also don't say if you were totally able to do your job effectively

Would you have a case for unfair dismissal ?

well that depends on whether they actually dismiss you, and on what grounds they dismiss you
!
2012-06-08 19:35:01 UTC
Couldn't be bothered to plough through all this when your best source of help by far is ACAS.



Give them a ring to discuss: 08457 47 47 47
Lily B Talus
2012-06-08 19:20:32 UTC
Get professional help...no one on here can advise you on this sort of case.
jennifer p
2012-06-08 18:52:54 UTC
im not sure, contact ACAS and see what they say
anonymous
2012-06-08 19:48:11 UTC
ewr


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