1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Legal Claim - anyone have experience?

Discussion in 'Workplace dilemmas' started by Miffy2016, Nov 20, 2017.

  1. Miffy2016

    Miffy2016 New commenter

    I am taking legal action against my formal employer for damage caused to health, and loss of earnings resulting from ill health.

    Has anyone got any experience of this they'd be willing to share?

    I'd like to add this is not in my nature, however the unjust way I was treated and subjected to unfounded allegations, has led me to take this action.
     
  2. sophrysyne

    sophrysyne New commenter

    Did you pursue a grievance process? If so, you can take the school to an employment tribunal, and your lawyer can advise as to whether this should considered.
     
    pepper5 likes this.
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Is the former employer a school?

    Have you had legal advice from union or solicitor on the merits of your case?

    Are you bringing the claim as a litigant in person?

    How far have you got so far, how far through the pre-action protocol?

    Do you have the medical evidence?

    Although I understand @Miffy2016 to mean s/he is seeking compensation for personal injury. Employment Tribunals do not deal with Personal Injury claims.
     
  4. Miffy2016

    Miffy2016 New commenter

    Yes I did put in a grievance, however I was provided with a copy of the school's policy which stated ex employees have 3 months in which to raise a grievance. Unbeknown to myself and my Union, this Policy had been changed to 1 month so they refused to hear it.
     
  5. Miffy2016

    Miffy2016 New commenter

    Yes it is a school.

    Union Rep has been involved and Union Solicitor has submitted a claim letter.

    Just wondered if anyone out there had been through this process. Obviously I've read about cases in the media, but it would be good to hear someone's personal experience and advice.
     
  6. catbefriender

    catbefriender Lead commenter

    Sorry Miffy things have ended this way. I am routing for you and hope you find what is best for you soon.
     
    pepper5 likes this.
  7. Tinycat1234

    Tinycat1234 Established commenter

    No I haven’t other than what I have read in the media. I think the more teachers do this, the better! It highlight the total abuse that we read about day in day out on here and will hopefully make a change for the better.
     
  8. Miffy2016

    Miffy2016 New commenter

    I can't seem to find anyone else who's been through it personally. My main drive is to ensure no one else goes through what I went through. I've written numerous complaints to the LA, who do not seem to care.
     
    pepper5 likes this.
  9. squashua

    squashua Occasional commenter

    I made an employment tribunal claim for disability discrimination and victimisation, including personal injury as well as injury to feelings. I won two of the claims and successfully appealed a dismissal of a third. Waiting for the final hearing now. I am glad that I held my boss to account but it has been and is very stressful...
     
    pepper5 likes this.
  10. Miffy2016

    Miffy2016 New commenter

    Thank you for replying, I'm very sorry to hear that you've been through such a terrible time.

    I was injured several times by a pupil, when I reported that I couldn't cope with such demanding behaviour and lacked proper training and knowledge, I was basically bullied out of my job which I loved.

    It was wasn't my job to do this 1:1 role which was forced upon me with no discussion.
     
  11. grumpydogwoman

    grumpydogwoman Star commenter

    Generally people report that it is very stressful even when outcomes are very much in their favour.

    But you're fighting not just for you but for a principle so I wish you the very best. Clearly you haven't been advised to back off so there must be a lot of substance in your claims. And the so-and-so bug.gers who tried to grind you down should get their comeuppance.

    So stick to your guns. Doubtless your account will be queried and contested and they'll try to make you feel like sheet but that's the nature of these proceedings. You stay strong. We'll do our best to give you moral support.
     
    Miffy2016 and pepper5 like this.
  12. pepper5

    pepper5 Star commenter

    Wishing you all the best miffy. It sounds as though you may have a good legal advisor and they will fight for you to get you the best possible deal. Let them take the stress of dealing with the procedural matters. Let us hope you get justice.
     
    Miffy2016 and grumpydogwoman like this.
  13. Miffy2016

    Miffy2016 New commenter

    Thank you. I'm just one of a long line of staff treated appallingly. The LA has had various complaint letters in the past and plenty from myself, as far as I can make out, they've not done anything about the psychotic behaviour of the Head.
     
  14. squashua

    squashua Occasional commenter

    Part of the aim of my grievance and tribunal was to get the head and governors to follow their own policies, the law and the advice of their own HR and OH advisers. Despite the grievance investigator and tribunal upholding some claims, the head and governors still say they did nothing wrong and have repeated some of the same mistakes again with me. BUT they are treating others better so I am pleased that they are doing that.

    It was all about principle, but I have come to realise that some people will defend the indefensible just because they have picked a side.
     
    chelsea2 likes this.
  15. Miffy2016

    Miffy2016 New commenter

    Did putting in a grievance acheive anything? I was out of time due to a policy change my Union rep was unaware of. The LA keep saying I had chance to raise one, however if you've been ill with WRS it takes a while to pluck up the strength to go for it.

    Unfortunately no one else has raised grievances in the past, they've all just been grateful to get out and get a new job.

    The school has good results so no one is interested in investigating why 24 members of staff have left in 6 years.
     

Share This Page