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Additional Information request, also Lodging a 2nd claim to Tribunal

3 replies

Sin30 · 30/05/2011 16:33

Hello All

I lodged a claim for Sexual Harassment and Discrimination by way of Victimisation which was accepted 3 months ago. Since then I have been further Victimised by my employer, greatly impacting on my health, verified by GP and also the Occ Health, who found the treatment by the company "bizarre" - no (stress) risk assement, no support or training etc. I feel they are trying to manage me out.

I raised a grievance 3 weeks ago, no outcome yet (I know their legal rep is looking into things) but I intend to lodge a further claim of Victimisation after 28 days.

Q. Do I refer to the current case in any particular place of the new claim or does it just go into the main statement box?

The statutory questionnaire was "replied" to a week after I lodged the first claim (exactly 8 weeks to the day since serving) and nearly all questions had a blanket response of "that's not an appropriate request for information, can't see relevance" - even though the questions were standard, such as who was spoken to, when, what were there views etc. The ET3 said that the questionnaire was answered in full (clearly NOT), no adverse inferences should be drawn! I still want to know who took decisions, who was spoken to etc, so ..

Q. In a request for Additional Information, what's the best wording to use to get these questions answered (saying they are standard might not be classed under relevant?), also can I mention that contrary to the ET3, they were NOT answered in full at all?

Thanks for reading :)

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bethelbeth · 30/05/2011 22:46

Didn't want to leave this unanswered : Sorry to hear you're having a horrible time of it recently. I'd suggest speaking to ACAS as I'm not sure whether the two claims would be linked or stand alone.

Hopefully Flowerybeanbag will spot this one- she's a HR genius

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RibenaBerry · 31/05/2011 12:19

If you want to file a new claim then you just file it the same way you did the last one. It would be helpful to the Tribunal if you cross reference the claim number of your last claim somewhere, but no, there is no special box.

However, responding to stuff like whether they have answered a questionnaire isn't part of the new claim. That's part of the case management of the current claim that you have running. In respect of that bit, the correct step would be requesting that the Tribunal organises a Case Management Discussion. That is a fairly informal hearing between you, your employer and the judge at which the judge reviews all the preparation that will need to be done for the case and tells both parties what he expects of them.

I'd agree with trying to get some support. ACAS can be a bit hit and miss. Have you checked your household expenses for legal cover?

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Sin30 · 06/06/2011 22:44

Thanks, Beth and Ribena.

No legal cover but the Equality Comission have been v helpful, as have the union ( I hadn't applied to them for help initially because I hadn't been a subscriber for long enough, but am covered for the latest Vicitmisation and been getting some advice :)

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