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Employment Tribunal, should I disclose...

2 replies

Sin30 · 21/11/2011 10:50

Hello All

I've a Hearing coming up very soon (refuse to be bought off, it isn't about £)
Part of my claim is for victimisation (for having done a protected act under the SDA). I complained about a senior manager for sexual harassment, didn't think anything would be done about it (he's had complaints of sexist behaviour before and not just in present employment either).

I've just receieved the company's witness statements and it's apparent his own line manager was keen to get me out. I knew this at the time and ofcourse I know what his agenda is, I even pointed out in an early meeting after I raised a grievance that his line manager would make life difficult for me. This is noted in the minutes.I was hoping in my supplementary statement just to say he has his own agenda for victimising me, without going in to detail.

I knew he would be concerned about me blowing the whistle, so to speak, on the repeat-offender manager incase I did the same with him. I had no intention of ever complaining about either of them but the first one crossed the line with my family member and so I felt I had to.

The second manager has been creating an uncomfortable environment for me for years, always standing right up against me when I'm seated, asking me to look up phone numbers for his wife's family practise doc or dentist etc. There are manay people (M/F) over the years who said to me, umpromted, that they could see I was uncomfortable and they suggested I complain. He came out to me so often asking for these phone numbers that I ended up making a folder in my outlook express, with the numbers in it, so as to cut the amount of time I had him hovering over me. The date of folder creation is in 2008. One person in particular, a temp who worked with me for a few months in early 2010, was particularly affronted on my behalf, she sat beside me for a while and saw what many others have seen, him getting too close and me pratically squirming. More to placate her than anything else, I posted on an online HR forum, asking if this was harassment/bullying behaviour. The post is still online and date/time stamped to show it was well before my complaint against the first manager.

My dilema is that I don't want to have to go into all this, even though there are witnesses and contemporaneous things that will show why he would be keen to get me out after I complained about the serial harasser.

Should I just stick to saying in the supplemental statement that I believe I was victimised by second manager but leave out the part about the hidden agenda? Statement has to be lodged in a week, hearing is in another 2 ...

OP posts:
RibenaBerry · 21/11/2011 22:26

You are under an obligation to disclose everything you believe to be relevant to the case I'm afraid. Any judge worth their salt won't accept 'he has his own agenda' and if you then want to talk about the online post, or mention it, or it comes up indirectly, you will be ticked off for not mentioning it.

I presume you don't have a lawyer to discuss this with?

Sin30 · 22/11/2011 13:29

Ribena, thanks for your reply, very helpful :)

I emailed the company's lawyer and provided the info. I didn't really want to to mention him too because it isn't about mud-flinging or springing hidden info but if asked a direct question at Tribunal about why I believed he victimised me, then I would have to answer.

I'm self-representing btw

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