What shall I do?

[sickofworkbutneedwork]

Help pls so I left a factory job due to bullying and discrimination and I filled an official complaint to the company

I had to fill tribunal form with ACAS because company was not replying to my official complaints

I am waiting for ACAS to get back to be due to Xmas holiday break

Now the company replied yesterday asking for my phone number to discuss things further. In fact, I do not want to have a phone conversation because I want everything in writing anyway

I do want to be compensated and changes made at the company because I hear from old colleagues working there still suffering etc

I am currently depressed and I have no heard space to discuss with the company and I have no friend or family that can help speak with the company on my behalf.

Is it a good idea to respond to say I am unwell and able to speak for now and that I prefer everything in writing ie that's need to respond to my letter in writing or put all they have to say in writing?

I have zero expertise in the laws around this but it sounds very sensible to keep communications in writing only under these circs.

I'm sorry you've been through such an awful time and hope you are feeling better soon and get a satisfactory resolution on this.

You are entitled to ask for everything in writing.

You will not get changes at the company - tribunals cannot and will not order such a thing, and if companies intended to change you would not be in this position.

You might get a settlement offer to go away (because that is the cheapest option for them) but unless you raised the claims with your employer before you walked out (I read that you resigned, not that you were dismissed) and followed a full grievance process first, your chances of winning are pretty much zero. If you did do that, then your chances of winning might be as much as 1%.

And I am being very serious about that. Constructive unfair dismissal is almost impossible to win, there is no such thing in employment law as a claim for "bullying", and discrimination (assuming you have substantial evidence) still requires you to try to resolve the issue before you quit and make a claim.

Tribunals are not about change or justice. They MIGHT be about compensation, but very few people see that. Do not think you have an easy road ahead of you. And think very carefully about turning down any offer - it might be the best chance you will ever get.

@Turkeyhen thank you very much.

@Neriah thanks, I will send them an email saying I am not well and that they should put everything they need to say in writing and once I get their letter, I will reply requesting compensation or shall I reply now saying I am not able to speak because of illness and request compensation? To be honest, I am not particularly keen on changes because if the system they have now is same for the past 20 years, they won't change and I haven't the time or energy to whistleblow etc.

I wouldn't go straight back asking for compensation, I think it would be beneficial to try to understand their view point and current position before putting all your cards on the table.

Check with ACAS to see if they have a mediation service, they may be able to support a telephone conversation so that it isn't just a call between you and the ex employer, it is more formal, documented and with a witness present.

If not, then keep it to writing and ask that they put in writing everything they would have wanted to cover in a telephone conversation.

@FlabMonsterIsDietingAgain thanks a bunch and my mistake for mentioning tribunal in the 1st place. I actually opted for the option of mediation on online and filled the form but ACAS did inform me on the phone that there will be slight delay in getting back to me because of the Xmas holiday.

Do I now reply ex employer to put everything in writing and that I am waiting to be appointed a mediator?

You've started the process through ACAS, I think it would be best to continue the process through them, they will have specific steps to follow and you don't want to diverge from that and risk your whole case. I hold contact ACAS again, update them on this recent communication and get their advice.

I am wondering what amount to ask for as compensation.

The meeting is this morning which I will be recording and I will see if a friend can join in the meeting too. I wait to hear what they have to say and see if they offer to pay me off to make me go away. If they do and I don't the amount is good enough then I will give a figure but don't know what amount to give.

Will pay from the time I left up to date be a good formula to use to calculate what I should request?

I left 30/10/23 which means this is the 11th week since leaving. For example, let's assume pay rate is £10 per hour and contracted to work 46 hours a week. That's £10X46hours=£460 pw. Apart from the wages calculation for earnings missed/lost, should there be an element of compensation for the distress caused if so, what figure can one reasonably put on that?

Great advice here https://www.citizensadvice.org.uk/work/detriment/check-when-you-can-make-a-claim-for-detriment/

@DarkForces thanks, I found that page after posting here but also hoping to getting other people's experience regarding this type of issue too.