Expected duration: 1 - 6 months
Subject: Comprehensive Summary and Scope of Work for Employment Dispute
Hello,
I am based in UK and would prefer UK & European Law expertise in employment. Below, I have outlined a detailed summary of the legal issues and provided answers to questions you may have to ensure clarity on my requirements.
1. Summary of the Legal Issue
Since starting my employment on May 1, 2024, I have experienced a series of distressing incidents at my former workplace, including discrimination, victimization, and unfair dismissal. Despite raising serious concerns, my employer failed to provide adequate support, and I faced a hostile work environment that severely impacted my mental health. Key issues include:
- Failure to Provide Reasonable Adjustments: Despite informing my manager about my mental health conditions (stress, anxiety, and depression) during a recorded one-on-one meeting on July 8, 2024, and again in a formal grievance on July 28, 2024, my employer did not provide the necessary support or accommodations. Instead, they dismissed me on August 1, 2024, citing performance issues as a pretext.
- Discrimination and Victimization: After raising whistleblower concerns regarding unethical practices and data breaches, I was subjected to retaliatory actions, including unfair dismissal without proper due process. The employer's handling of my grievance and subsequent appeal was deeply flawed, failing to address key issues and procedural fairness.
- Breach of Confidentiality: My manager, x , disclosed confidential medical information about a cyst I had, incorrectly suggesting it was linked to my mental health. This was done without my consent and as part of an investigatory statement, which was shared with HR and used to undermine my credibility.
- GDPR Violations: I was denied access to critical recordings and documents needed for my grievance appeal hearing. Additionally, my personal data was misused in an automated email response after my dismissal, which could have put my safety at risk given previous threats from a client.
2. Relevant Dates, Correspondence, and Evidence
- May 1, 2024: Employment commenced.
- Late May 2024: Received a death threat from a client; reported it to management.
- July 8, 2024: Disclosed mental health conditions to manager during a recorded meeting that was unauthorised without my explicit consent and evidence available on the transcript I obtained.
- July 18, 2024: Received a target letter from Manager with performance expectations.
- July 26, 2024: "Catch-up" meeting with Manager, where I requested HR intervention, which was denied.
- July 28, 2024: Submitted a formal grievance and whistleblower report.
- August 1, 2024: Received outcome of the grievance and termination letter on the same day.
- August 28, 2024: Grievance appeal hearing held, where evidence and statements were discussed.
- September 16th Acas Certificate received
- 19th September 1st proposal sent over to former employer through ACAS awaiting reply
-30th November ET1 filing deadline
3. Specific Claims Involved
- Disability Discrimination under the Equality Act 2010.
- Unfair Dismissal and Wrongful Termination.
- Whistleblower Retaliation under the Public Interest Disclosure Act 1998.
- Harassment and Victimization.
- Breach of Data Protection (GDPR Violations).
4. Upcoming Deadlines
- December 12, 2024: Deadline to file the ET1 claim. I am keen to resolve the matter through ACAS conciliation, but I am prepared to proceed to the Tribunal if necessary.
Specific Concerns and Objectives
- Primary Objective: To reach a fair and just settlement that acknowledges the harm caused by the employer’s actions. I am willing to negotiate but will not compromise on fundamental aspects of my case.
Scope of Work and Proceeding Agreement
1. Review and Finalisation of 5/6 Drafted Letters:
- I will provide drafts of letters aimed at notifying individuals of potential inclusion as co-respondents in an ET1 claim. Your role would be to review, ensure legal compliance, and refine these letters to limit legal liabilities.
2. Letter Before Action:
- Preparation and finalisation of a Letter Before Action, based on a draft I provide, to the employer making them aware this is my final offer to settle and these are my next steps.
3. Witness Request:
- I will Draft and send formal witness requests to you to send to the employer, ensuring these requests comply with legal standards and are strategically worded.
4. Settlement Review:
- Reviewing any settlement proposals received and providing a concise assessment of their fairness and potential implications.
Can you confirm that you will set me up with a client agreement form acting for me and representing me as the letters will be sent on my behalf to my employer. |
