Employment tribunal

[onfiree]

Hi everyone, I’m not sure where best to post this thread so I opted for AIBU for traffic. If it suits somewhere else, please let me know.

I live in England and have been with my employer for over 2 years.

I am being constructively dismissed. My manager was sexually harassing me so I complained about him, but my complaint was brushed under the carpet. He had the full support of his management and he proceeded to attempt to manage me out and retaliate against me.

I ended up going off sick due to mental health/work stress. Work has ramped things up since I’ve been off sick, daily contact, instigating disciplinary action against me for unrelated issues that my manager has fabricated, not giving any reasonable adjustments I had asked for. It has wrecked my mental health.

I am wondering whether I would have recourse at an employment tribunal. I am being supported by my trade union who feels I have strong evidence.

My questions are:

• I have been going to my GP for work related stress for a year now. Would my medical records be required at a tribunal? If so, would all my medical records be sent to my employer or there a filter of what is required?

• My GP offered me non-addictive medication for my mental health, I’m not sure what it is but I think it is for situational use. I wasn’t sure about this as my anxiety is completely caused by work, I’m not anxious outside of work and didn’t want to be medicated as a direct result of how they’re treating me. My GP agreed and said that I am reacting to a bad situation as expected, but has put on my record that I’ve refused medication. Could this be used against me? I’m not sure if it weakens any legal case. Ideally if my concerns were investigated and reasonable adjustments given, I wouldn’t need medication.

• Also I know this is an outdated train of thought, but could having mental health medication in your medical history impact you at work? My job requires security clearance so I just wonder if I’m harming my own prospects. appreciate this could be the anxiety speaking

Are you in a union? If not, join one ASAP.

Subject access request all info about your complaint/ sickness/ HR record/ any emails to or about you from your boss.

Yes, your medical records can be used in an employment tribunal. Incidentally if the work related stress follows after your sexual harassment complaint this may be helpful to you.

Do you have evidence of the sexual harassment? What is your HR papertrail on this?

Yes I’m in multiple unions actually, in an attempt to get as much help as possible

They think it’s premature for a DSAR. To be honest, every passing day there may be more things that will potentially get added to the pile too. No doubt they discuss me regularly. My paper trail is there though many conversations were verbal. It’s hard to say how strong it is. I have inappropriate messages my manager has sent and proof I complained about him, but the worst of it wasn’t in email form.

My medical records also have private unrelated things on there eg physical health issues, blood tests etc. I suppose I just want to know the scope.

thank you so much for responding, it means a lot

They have no right to any medical information outside the condition which is affecting you at work. They also have no business calling you, when you're signed off sick - you need to provide phone records / emails and a precis of the conversations to your union rep.

@SinnerBoy thank you. Yeah my union is fully aware, he’s asked them to contact him directly because he’s worried about my health. Yet they’re still attempting to contact me directly. They were contacting me daily at one point! It’s given me no time to recover. I therefore don’t feel medication is necessarily the answer.

Well, I hope it goes well for you. I had similar over 20 years ago - but no disciplinary. They rang me up and tried to get me to go in and told me, "You're not really ill, you're just skiving on stress and depression" !

You do know that you can put in additional DSARs? I’d go for it now.

my union rep was saying that it’s a nuclear option and to hold fire for now. At the moment, they are just doing whatever they want and it’s good because I have evidence of it. I do think they’ll start behaving themselves when a DSAR comes in which could limit my evidence.

Some useful information here https://www.acas.org.uk/making-a-claim-to-an-employment-tribunal

I agree with previous pp you need to do the dsar now to see if it will help you at a tribunal don’t wait

Alright, I have just placed the subject access request

Just to add you do need to make acas aware as per my link above as they will see if they can support in a resolution without a tribunal.

you should be able to get free legal advice through your union too if you do end up going to a tribunal

You should listen to your union over randoms on here who don’t know the full story

Depends if the randoms giving advice know what they are talking about ;)

My union rep was actually in support of the subject access request today, so thanks to all those that posted as I would have raised the question otherwise. I was just going off their last response.

I can’t access legal advice via my union just yet, I haven’t met the threshold apparently. That comes into play if I get sacked for example

thanks so much to everyone who has responded x

Would not* have raised the question

You can call ACAS for free advice on how to handle this.

Feel really anxious today because presumably the people bullying me at work will find out about my subject access request soon.

Have you spoken to acas? What have they/ your union suggested you do going forward to ensure you are keeping the right documentation if anyone does comment or talk about your complaint or sar request?