Redress against former employer from years ago - should I?

[notfunctioningwell]

I'll try and be as brief as I can. I worked in the role in question for 5 years, line manager that took over a year into my job made my life hell to the point of me leaving as I could not continue without my mental health suffering any more than it was. Numerous incidents over time.

I had various health issues going on and a sick mother (who eventually died), and was frequently berated for sickness levels including stress, etc. Fast forward to a few years ago when I was diagnosed with ADHD, autism and autoimmune issues - disabilities that had been present all along - and it was clear looking back that these were real issues. Executive functioning, sensory overload and so on. Much more than "just" migraines, etc.

Various incidents of public shaming and mobbing, etc. were noted in my personal diaries at the time. I also started a grievance procedure towards the end but with it being my word against theirs and them having cronies I couldn't take much more and left. This person has since moved on from this workplace too.

Is it worth looking into? Without revealing too much I am originally from NI, the job was in NI and I have lived in England for the past 10 years. I am in the process of contacting Equality Commission NI and the Labour Relations Agency, but am concerned that it has been a long time, and in case there are any costs I have to meet.

Thanks in advance.

When you ask if it’s worth looking into, what outcome are you seeking? If you’re hoping to make a claim for unfair / constructive dismissal, you’re well out of any time limit for bringing a case, which would have been three months from the date your employment ended.

What exactly do you want to take action against them for? You may be out of time. If, for example, you were thinking of raising a discrimination claim, that has to be made within 3 months of the last incident.

I think that if this is still weighing so heavily on you after a decade, your money and focus might be better spent on some form of career coaching. You’re unlikely to get any meaningful answers out of an employer you left so long ago, which may well have since had a full turnover of staff and deleted many records in accordance with data retention policies.

What would you be hoping to achieve 10 years after leaving? Surely it's too late to do anything, isn't it?

Thanks for your replies, I suppose it has been weighing on my mind lately as something happened (on a much more minor scale) in my current role that triggered me.

I've been very down recently thinking about lifelong unfair treatment as a result of my then-undiagnosed neurodivergence, etc. This was the most extreme and sustained example. I was much too stressed and near-suicidal to do anything at the time.

I have had some therapy, but am short of funds right now so it's on hold.

I've just spoken with someone from ECNI and they advised the following -

• Three months is the norm but sometimes a tribunal may have the discretion to extend the time limit (if rare)
• I would need to lodge any complaint immediately
• They provided a link to file a claim
• Before filing a claim with the tribunal, I must notify the Labour Relations Agency and consider early conciliation (unsure what this would involve)
• I should write to the former employer stating my complaint and asking for appropriate action (but what?)
• Mention that I believe the treatment may be unlawful discrimination based on disability and ask for a written response within a specific timeframe (how long?)
• If my case is accepted by the tribunal I may get financial assistance from ECNI, but I'm worried about costs I might have to meet

Not sure what to do for the best now. 😳

Your question should be what do you want to get out of it? These processes are not easy and can be very stressful. Is what you want achievable and, if so, is the stress and effort going to be worth the fight.

I don't know. Acknowledgement of unfair treatment, an apology, I'm not sure. Compensation would be good, of course, but I know it is not guaranteed.

Just don't know what to do for the best and wish I had the mental strength back then to have done more at the time but the narrative then from everyone was that everything about me was wrong and defective, not just in work

I wonder are there any similar cases?

I think the ECNI are leading you up a blind alley on this to be honest, and as it’s clear to me that you’re vulnerable just from this one thread I think it’s quite irresponsible of them. Employment tribunals are stressful, time consuming and expensive at the best of times. It’s correct that time limits can be extended if extenuating circumstances justify it, but it would be exceptional for the limit to be extended by ten years, particularly where a case of disability discrimination is being claimed for a disability which was undiagnosed and unknown to the employer (and indeed the claimant.) The passage of time will have eradicated the majority of the records that would be relied upon to demonstrate whether a case existed or not, and I wouldn’t be surprised if virtually all of the colleagues you worked with at the time have since moved on. In terms of an apology, would an apology from somebody who you have never met, who represents a company which will have an entirely different staffing, structure and culture to the one you worked for, feel sincere to you?

I do wish you well whatever you decide to do, and would suggest that maybe in the future you consider what’s known as solution-focussed or narrative therapy, where a therapist listens to you tell your life story and helps you to make sense of it and come to terms with negative experiences by working with you to develop a coherent dialogue and focus on change

Whilst what ECNI say is correct, the reality is that it is highly unlikely that the tribunal would allow you to bring a case after 10 years. You would need to show that there were good reasons why you haven't been able to bring a case previously.

Thanks all, I'll leave it. No point reopening old wounds. Onwards and hopefully upwards eventually.

I say this kindly. Please, for your own sake, accept this and move on.

After 10 years, even were a tribunal allowed (unlikely) any judge is going to give your ex- colleagues and employers a lot of latitude. They may genuinely not remember incidents.

Tribunals are also incredibly stressful. I've been a witness in one we knew was vexatious with no hope of succeeding. We STILL all fretted about it for months beforehand. Don't put yourself through that if you don't have to.

Instead focus on your health, mental and physical now. Do you need strategies to cope? Counselling? Time? I speak as someone who was bullied so badly at work I became physically disabled. Work knew exactly what had happened and did nothing. I have come to terms with that, but it took a long time (karma got the bully).

Good luck

What would you be looking for as restitution on this? This will only cause you money and stress and will likely get kicked out of any tribunal on a technicality due to it being so long ago.

I feel your pain, I used to work in construction and had 14 years of quite terribly bad constant treatment. But I found it best to just move on and be successful as you can be and leave it all behind.

Surely if you weren't diagnosed then they can't have been discriminating due to a disability?

There is no way a tribunal will allow a claim 10+ years out of time. No way at all. It's not even rare - it is absolutely no going to happen. When they say late claims may be accepted they are talking a few months for very good reasons, not many years. You need to put this behind you.

Indeed. Disability discrimination generally requires knowledge of a disability. If op was not aware then her employer definitely could not have been

agree that after 10 years there is no chance a tribunal would accept a claim.