CIPD Manchester Mock Employment Tribunal 2020

MOCK EMPLOYMENT TRIBUNAL 2020 4 FEBR8AR< 2020, 08:30 - 14:30 MΖLLS & REE9E 9TH FLOOR,

1 NE:

CIPD Manchester Branch We aUe Whe laUgeVW CΖPD lRcal bUanch in Whe ZRUld, and SURXd WR Sla\ RXU SaUW in VeUYing RXU aUea membeUVhiS and Whe ZideU bXVineVV cRmmXniW\.

ThURXgh RXU acWiYiWieV, Ze acWiYel\ VXSSRUW Whe CΖPDȇV SXUSRVe inbchamSiRning beWWeU ZRUk and ZRUking liYeVbfRU Whe benefiW Rf indiYidXalV, bXVineVV, Whe ecRnRm\ and VRcieW\ and Ze VWUiYe WR make beWWeU ZRUk, and ZRUking liYeV a UealiW\ fRU all aW a lRcal leYel. AWWending RXU eYenWV enableV \RX WR add WR \RXU CPD and meeW ZiWh inflXenWial VSeakeUV, UeVSecWed academicV and UeSUeVenWaWiYeV fURm ke\ RUganiVaWiRnV and eVWabliVhmenWV acURVV Whe nRUWh-ZeVW and be\Rnd, Zhile cRnnecWing ZiWh like-minded CΖPD membeUV, VWXdenWV and nRn- membeUV. We Vend RXW a UegXlaU neZVleWWeU WR RYeU 7,000 VXbVcUibeUV, keeSing RXU cRmmXniW\ XS WR daWe Rn neZV, eYenWV and camSaignV aV Zell aV CΖPD membeUVhiS benefiWV and cRnfeUenceV. Ζf \RX ZRXld like WR VXbVcUibe WR RXU neZVleWWeU, YiViW RXUbVhRZcaVe SagebRn Whe main CΖPD ZebViWe, VcURll dRZn and cRmSleWe Whe VXbVcUiSWiRn fieldV. We aUe acWiYe acURVV a nXmbeU Rf SRSXlaU VRcial media channelV, and \RX can acceVV all RXU XVefXl linkVbheUeb(inclXding eYenW liVWingV and cXUaWiRnV).b

OXU cRmmiWWee cRmSUiVeV 16 YRlXnWeeUV Rf YaU\ing ageV, aUeaV and leYelV Rf e[SeUWiVe, ZhR ZRUk haUd WR deYelRS and SURdXce a SURgUamme Rf acWiYiWieV WR meeW Whe needV Rf SeRSle SURfeVViRnalV. OXU bUanch AmbaVVadRUV cRnWUibXWe WR Whe VXcceVVfXl deliYeU\ Rf RXU SURgUamme Rf acWiYiWieV and Sla\ an eVVenWial URle in SUeSaUing RXU YenXeV, ZelcRming delegaWeV, faciliWaWing neWZRUking and SURYiding delegaWeV ZiWh infRUmaWiRn Rn RXU bUanch acWiYiWieV and Whe ZideU CΖPD RffeUing. We giYe RXU fUee Wime WR bUing SeRSle SURfeVViRnalV WRgeWheU, SXWWing ideaV inWR SUacWice, and making RXU YRice heaUd in RXU cRmmXniWieV. We aUe cRmmiWWed WR SURYiding \RX ZiWh leaUning aW a lRcal leYel, CPD RSSRUWXniWieV and caUeeUV VXSSRUW. We alVR cRnWUibXWe inVighW Rn, and engagemenW ZiWh, lRcal enWeUSUiVe SaUWneUV, cRmmXniWieV and labRXU maUkeW.

#FLSGMCR #MRFNTULEXQDO

Today's team

PLS APH\, Lead AmbaVVadRU

RHEHFFD HDPLOWRQ, AmbaVVadRUb

RHEHFFD :HVWDZD\, EmSlR\menW LaZ Lead

Ųe*,ifica,e 'f a,,endance

Dak^d Beech

Programme

08:30 RHJLVWUDWLRQ, QHWZRUNLQJ DQG UHIUHVKPHQWV 09:00 :HOFRPH, LQWURGXFWLRQ DQG SURFHHGLQJV

12:30 LXQFK DQG QHWZRUNLQJ 13:15 JXGJH'V GHOLEHUDWLRQV 13:30 CRQFOXVLRQ DQG Q&A VHVVLRQ 14:15 CORVH

Mock Employment Tribunal event CIPD in conjunction with Mills & Reeve LLP Tuesday 4 February 2020 CIF) ManchesterBranch I LL REEVE

Mills & Reeve LLP 1 New York Street Manchester M1 4AD

Tel: +44(0)344 880 2666 Fax: +44(0)161 235 5421 DX 14409 Manchester 2

MILLS&REEVE Achieve more.Together.

About ourfirm 2019 , , ,

Office locations ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ••• •• •• •••••••••••••••

• • • • • • • •

• • • • • • • • •• • •

•• • • •

••• •

•• •

••• •••••

'

"

nt.ernatk,nal reach • •••

•• ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •• •• •••• ••• •••••

\

••••••••• ••••••• •••••••••••••••••••• ••••••••••••••••••••••••••••••••••••••• ••• ••• •••••••••••••••••••••••• ••••••••••••••••••••••••••••••••••••••• •• • • • • • • • • • ••• • • •

Award winning • • • • • • • • • • • • • • • •

Innovation:

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • •

• •••••••••••••••••••••••••••••••••••••••••••••••••••

• • •••••••••••••••• ••••••••••••• •••• • •••• •••• •••• •••• ••• ••••• ••• ••••••••••••••••••••••••••••• •• •• •• • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• •• • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • •

•••••••••• ••••••••••• ••••••••••••••••••••••• ••••••••••••••••••••••••••••••••••••••••••••• •• •••••••••••••••••• •••••••••••••••••••••••••• ••• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

•••••••••••••••••• ••••••••••••••••••• •••• ••••• •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

•••••

•••••••••••••••••••••••••••••••••••••••••••••••••••••••

• • ••• • •

• •

••••

••••••••• ••••••••••

MILLS&REEVE Achieve more.Together.

CIPD mock tribunal Mills & Reeve LLP are delighted to partner with CIPD(Manchester Branch)to bring you a Mock Tribunal Session and I hope you enjoy the morning. All those taking "roles" today have experience of working with clients in defending Tribunal claims and "out of character" will be happy to discuss any queries you may have about Employment Tribunals. Whilst the case today, is not based on any one particular matter, the facts are similar to many and may well have a ring of familiarity to some of you in the room. Statistics show that Tribunal claims were up by 130% in the second quarter of 2018 compared to the same quarter in 2017. Many more employers are finding that with the removal offees employees are prepared to attend a Tribunal hearing and have their day in court. The session today aims to give you an insight into what you might expect if you are required to attend a Tribunal including: how does the Tribunal approach the day? Who asks the questions? Do policies and procedures matter? Employment Judge, David Faulkner who sits in the East Midlands region, will decide the case today but there will be plenty of opportunities for you to form your own opinion on who should win or lose their case! Please also take time to complete a consent form (found near the reception desk)so that we can contact you with details of our free training sessions and also provide you with our other legal employment updates— all those who sign up will be entered in a draw to win a bottle of champagne today.

Thank you for attending.

Sara Barrett Partner for Mills & Reeve LLP

www.mills-reeve.com

MILLS&REEVE Achieve more.Together.

Agenda 08:30 09:00 12:30 13:15 13:30 14:15

Registration and networking with refreshments Welcome, introduction and proceedings

Lunch and networking J udge's deliberations Conclusion and Q&A session Close

Meeting you today

Sara Barrett

Host/Narrator

Partner T: +44(0)161 234 8848 E: sara.barrett@mills-reeve.com David Faulkner Principal Associate T: +44(0)121 456 8301 E: david.faulkner@mills-reeve.com Rebecca Pallot

Judge

Claimant's Representative

Principal Associate T: +44(0)113 388 8265

E: rebecca.pallot@mills-reeve.com Pili Fernandez-Mahoney Senior Associate T: +44(0)161 234 8816 E: pili.fernandez-mahoney@mills-reeve.com Miriam Guilding Senior Associate T: +44(0)161 234 8709 E: miriam.guilding@mills-reeve.com Tom Hasoon Associate T: +44(0)161 234 8830 E: tom.hasoon@mills-reeve.com James FaradJollahi Associate T: +44(0)113 388 8274 E:james.faradjollahi@mills-reeve.com

Respondent's Representative

Claimant

Respondent's witness

Respondent's witness

Mills & Reeve LLP is a limited liability partnership authorised and regulated by the Solicitors Regulation Authority and registered in England and Wales with registered number 00326165. Its registered office is at 7th & 8th floors, 24 King William Street, London, EC4R 9AT, which is the London office of Mills & Reeve LLP. A list of members may be inspected at any of the LLP's offices. The term "partner" is used to refer to a member of Mills & Reeve LLP. The contents of this document are copyright © Mills & Reeve LLP. All rights reserved. This document contains general advice and comments only and therefore specific legal advice should be taken before reliance is placed upon it in any particular circumstances. Where hyperlinks are provided to third party websites, Mills & Reeve LLP is not responsible for the content ofsuch sites. Mills & Reeve LLP will process your personal data fairly and lawfully in accordance with professional standards and the Data Protection Act 2018, General Data Protection Regulation(EU)2016/679(as applicable)and any other applicable laws relating to the protection of personal data and the privacy of individuals. You can set your marketing preferences or unsubscribe at any time from Mills & Reeve LLP marketing communications at www.preferences.mills-reeve.com or by emailing preferences mills-reeve.com T +44(0)344 880 2666

www.mills-reeve.com

CASE NO:2003639/2019

IN THE EMPLOYMENT TRIBUNAL

BETWEEN

Claimant

CLAIRE BLACK

and

Respondent

TRUMPTON CORPORATION LTD

JOINT HEARING BUNDLE

Page No.

Date

Document Description

1 Eo3lrjpL,17,7,1cani'.,T ru ltU.,'[1C ill CC= _,=f11C3 1.1 ET1 and Particulars of Complaint

19/10/2019 1 - 12

20/11/2019 13 - 20

1.2 ET3 and Grounds of Resistance

2 Correspondence and other documentation

06/01/2019 21

2.1 Email from Claimant to Anna Smith Re: Workload

10/01/2019 22

2.2 Email from Anna Smith to Claire Black Re: Workload

13/03/2019 23

2.3 Email from Claire Black to Anna Smith

16/03/2019 24

2.4 Email from Anna Smith to Claimant Re: Workload

2.5 Letter from Anna Smith to Claimant Re: Sickness 14/04/2019 25 absence

20/04/2019 26

2.6 Facebook screenshot

25/04/2019 27

2.7 Letter from Matthew Taylor to Claimant Re: Sickness absence

04/05/2019 28 — 29

2.8 Memorandum from Dr Denise Edwins to Matthew Taylor Re: Occupational Health Report: 2 May 2019 with enclosure

17/05/2019 30

2.9 Letter from Matthew Taylor to Claimant

22/06/2019 31

2.10 Minutes of meeting between Matthew Taylor, Gill Bunne, and Claimant

2.11 Statement made by Claimant in relation to her grievance 18/07/2019 32

20/07/2019 33

2.12 Letter from Claimant to Mr Jones

01/08/2019 34

2.13 Email from Barry Jones to John Metcalf Re: Investigation — Claire Black 2.14 Email from John Metcalf to Barry Jones Re: Investigation — Claire Black

03/08/2019 35

14/08/2019 36

2.15 Email from Barry Jones to Claimant Re: Grievance

2.16 Email from John Metcalf to Barry Jones Re: Claire Black 20/08/2019 37

2.17 Email from Barry Jones to John Metcalf RE: Claire Black 29/08/2019 38

03/09/2019 39

2.18 Email from John Metcalf to Claimant Re: Investigation into your grievance 2.19 Letter from Matthew Taylor to Claimant Re: Sickness absence

20/09/2019 40

2.20 Letter from Claimant's representative to Matthew Taylor 28/09/2019 41

2.21 - absence Letter from Matthew Taylor to Claimant Re: Sickness 03/10/2019 42

10/10/2019 43

2.22 Minutes of meeting between Claimant, Matthew Taylor and John Metcalf

2.23 Letter from Claimant to Matthew Taylor Re: Resignation 11/10/2019 44

2.24 Letter from Matthew Taylor to Claimant Re: Resignation 12/10/2019 45

3 Witness statements

3.1 Witness statement of Claimant

3.2 Witness statement of Matthew Taylor

3.3 Witness statement of John Metcalf

1

it

EmploymentTribunal Claim form

Official Use Only Tribunal office

v, (r) pi.0 n

-I-- 1 r

I '2,_ 3 Li- 5 676 Date received 1 IS / 1 1./201‘1

Case number

You mustcomplete all questions marked with an'*'

Your details

1.1 Title

Mr

Mrs

Miss

Ms

Claire

1.2* First name (or names)

Black 2 2 0 8 1 9 8 0

1.3* Surname orfamily name

1.4 Date of birth 1.5* Address

Are you?

Male

Female

Number or name Street Town/City County

12 Town Street Trumpton

Postcode

4 1 5 1 1 6 1 Q 1 P 1

Phone number 1.6 Where we can contact you during the day 1.7 Mobile number (ifdifferent) 1.8 How would you prefer us to contact you? (Please tick only one box)

Whatever your preference please note thatsome documents cannot be sent electronically

Email

Post

Fax

1.9 Email address

1.10 Fax number

Respondent's details(that is the employer, person or organisation against whom you are making a claim) 2.1* Give the name of your employer or the Trumpton Corporation Limited

person or organisation you are claiming against (Ifyou need to you can add more respondents at 2.5)

2.2* Address

34 Main Road Trumpton

Number or name Street Town/City County

Postcode l T 1 1 1 2 1 3 1 P I Q I I

Phone number

ET1 - Claim form (05.19)

© Crown copyright2019 1

2.3* Do you have an Acas early conciliation certificate number?

Nearlyeveryoneshould have this number before they fillin a claim form. You can find iton yourAcas certificate. For help and advice,callAcas on 0300 723 7700or visit www.acas.org.uk

11 Yes

No

IfYes, please give the Acas early conciliation certificate number.

R:3628710

If No,why don't you have this number?

Another person I'm making the claim with has an Acas early conciliation certificate number Acas doesn't have the power to conciliate on some or all of my claim My employer has already been in touch with Acas My claim consists only ofa complaint of unfair dismissal which contains an application for interim relief.(See guidance)

2.4 If you worked at a different addressfrom the one you have given at 2.2 please give the full address Address

Number or name Street Town/City County

Postcode I 1 1 1 1 1 1

Phone number

2.5 Ifthere are other respondents please tick this box and puttheir names and addresses here. (Ifthere is not enough room here for the names ofall the additional respondents then you can add any others at Section 13.) Respondent2 Name Address Number or name

Street

Town/City County

Postcode 1 1 I I 1 I I I

Phone number

Page2 2

2.6 Do you have an Acas early conciliation certificate number?

Nearly everyoneshould have this number before they fill in a claim form. You can find iton yourAcas certificate. For help and advice,callAcas on 0300 123 1100or visit www.accs.ory.uk

Yes

No

IfYes, please give the Acas early conciliation certificate number.

If No,why don't you have this number?

Another person I'm making the claim with has an Acas early conciliation certificate number Acas doesn't have the power to conciliate on some or all of my claim My employer has already been in touch with Acas My claim consists only ofa complaint of unfair dismissal which contains an application for interim relief.(See guidance)

Respondent3 Name Address

2.7

Number or name Street Town/City County

Postcode I 1

Phone number

2.8 Do you have an Acas early conciliation certificate number?

Nearlyeveryoneshould have this number before they fillin a claim form. You can find it on yourAcas certificate. For help and advice,callAcas on 0300 123 1100or visit www.Acas.org.uk

Yes

No

IfYes, please give the Acas early conciliation certificate number

If No,why don't you have this number?

Another person I'm making the claim with has an Acas early conciliation certificate number —Acas doesn't have the powerto cons-iliate-on some-or-all-of rrry cfatm My employer has already been in touch with Acas My claim consists only ofa complaint of unfair dismissal which contains an application for interim relief.(See guidance)

Page3 3

D Multiple cases 3.1 Are you aware that your claim is one of a number ofclaims againstthe same employer arising from the same,or similar, circumstances?

Yes

I No

IfYes,and you know the names ofany other claimants,add them here.This will allow us to link your claim to other related claims.

Cases where the respondent was not your employer 4.1 If you were not employed by any ofthe respondents you have named but are making a claim for some reason connected to employment(for example, relating to a job application which you made or against a trade union,qualifying body or the like) please state the type ofclaim you are making here. (You will getthe chance to provide details later):

Now go to Section8

13

Employment details If you are or were employed please give the following information,if possible.

5.1 When did your employmentstart?

01/03/2014

Is your employmentcontinuing? If your employment has ended, when did it end?

Yes

No

1 1/10/2019

If your employment has not ended,are you in a period of notice and,ifso,when will that end?

5.2 Please say whatjob you do or did.

IT Assistant

Page4 4

Earningsand benefits 6.1 How many hours on average do,or did you work each week in the job this claim is about?

36

hours each week

6.2 How much are,or were you paid?

£1500

Pay before tax

Weekly i Monthly

Normal take-home pay (Incl. overtime,commission, bonuses etc.) 6.3 If your employment has ended,did you work (or were you paid for)a period of notice? IfYes, how many weeks,or months'notice did you work,or were you paid for? 6.5 If you received any other benefits,e.g.company car, medical insurance,etc,from your employer, please give details. ii 6.4 Were you in your employer's pension scheme?

f 1000

Weekly 'I Monthly

Yes

No

weeks

months

Yes

No

Ifyouremployment with the respondent hasended,what has happened since? 7.1 Have you got anotherjob?

Yes

✓ No

If No,please go to section8

7.2 Please say when you started (or will start) work.

73 Please say how much you are now earning . (or will earn).

f

Page5 5

8 Type and details ofclaim

8.1* Please indicate the type ofclaim you are making by ticking one or more ofthe boxes below. i I was unfairly dismissed (including constructive dismissal) I was discriminated against on the grounds of: age gender reassignment pregnancy or maternity race disability marriage or civil partnership sex(including equal pay)

sexual orientation religion or belief

I am claiming a redundancy payment I am owed i notice pay holiday pay arrears of pay other payments

I am making another type ofclaim which the EmploymentTribunal can deal with. (Please state the nature ofthe claim. Examples are provided in the Guidance.)

Page6 6

8.2* Please set outthe background and details of your claim in the space below. The details of your claim should include the date(s)when the event(s)you are complaining about happened.Please use the blank sheet atthe end ofthe form if needed.

I have been employed by the Respondent Company for the past 5 years, working in the IT Department at Trumpton Corporation. I am a hard worker and have a good record. I used to love coming into work and thoroughly enjoyed my job. From January 2019 onwards my workload began to increase and the environment at work became tense and pressured. I felt I was doing 1.5 people's work and was very stressed. I told my manager,Anna Smith, how I was feeling on a number of occasions but her responses were less than sympathetic. I felt he did not take my concerns seriously. Matters did not improve and by March 2019 I became so stressed that I felt unwell. I went to see my GP on 20 March 2019 who signed me off sick from work with stress for the next4 weeks. He also prescribed me with diazepam. I have not returned to work since. On 2 May 2019 I attended an Occupational Health Assessment which confirmed that I was still stressed and suggested a course of counselling. I believe I have been bullied and harassed by both Anna Smith and Mathew Taylor and they have made it i mpossible for me to go back.

Page7 7

Whatdo you wantif your claim is successful?

9.1 Please tick the relevant box(es)to say what you want if your claim is successful:

Ifclaiming unfair dismissal,to get your old job back and compensation (reinstatement) Ifclaiming unfair dismissal,to get anotherjob with the same employer or associated employer and compensation (re-engagement) Compensation only Ifclaiming discrimination,a recommendation (see Guidance).

9.2 Whatcompensation or remedy are you seeking? Ifyou are claiming financial compensation please give as much detail as you can about how much you are claiming and how you have calculated this sum.(Please note any figure stated below will be viewed as helpful information but it will not restrict what you can claim and you will be permitted to revise the sum claimed later.See the Guidance forfurther information about how you can calculate compensation). If you are seeking any other remedyfrom the Tribunal which you have not already identified please also state this below.

Page8 8

10 Information to regulators in protected disclosure cases 10.1 If your claim consists of,or includes,a claim that you are making a protected disclosure under the Employment Rights Act 1996(otherwise known as a'whistleblowing'claim), please tick the box if you want a copy ofthisform,or information from it, to be forwarded on your behalfto a relevant regulator (known as a'prescribed person'under the relevant legislation) by tribunal staff. (See Guidance). III Your representative Ifsomeone has agreed to represent you,please fill in thefollowing. We will in future only contact your representative and not you.

1 1.1 Name ofrepresentative

11.2 Name oforganisation 1 1.3 Address

Number or name Street Town/City County

Postcode I 1

1

1 1 1

1

1

11.4 DX number (Ifknown)

11.5 Phone number 1 1.6 Mobile number (Ifdifferent)

11.7 Their reference for correspondence

11.8 Email address

How would you prefer us to communicate 1 1.9 w i th them?(Please tick only one box) 11.10 Fax number

Email

Post

Fax

Disability 12.1 Do you have a disability?

Yes

No

IfYes,it would help us if you could say what this disability is and tell us what assistance,ifany,you will need as your claim progresses through the system, including for any hearings that maybe held attribunal premises.

Page9 9

m Details ofadditional respondents Section 2.4 allows you to list up to three respondents. Ifthere are any more respondents please provide their details here Respondent4 Name Address

Number or name Street Town/City County

Postcode I 1

Phone number

Nearlyeveryoneshould have this number before they fill in a claim form, You can find iton yourAcas certificate. For help and advice,callAcas on 0300 123 1100or visit www.acas.org.uk

Do you have an Acas early conciliation certificate number?

Yes

No

IfYes, please give the Acas early conciliation certificate number.

If No,why don't you have this number?

Another person I'm making the claim with has an Acas early conciliation certificate number Acas doesn't have the power to conciliate on some or all of my claim My employer has already been in touch with Acas My claim consists only ofa complaint of unfair dismissal which contains an application for interim relief.(See guidance)

Page 10 10

Respondent5 Name Address

Number or name Street Town/City County

1

1

1 1 1

Postcode 1

1

1

Phone number

Nearlyeveryoneshould have this number before they fillin a claim form. You can find iton yourAcas certificate. For help and advice,callAcas on 0300 123 1100or visit www.acas.org.uk

Do you have an Acas early conciliation certificate number?

Yes

No

IfYes, please give the Acas early conciliation certificate number.

If No,why don't you have this number?

Another person I'm making the claim with has an Acas early conciliation certificate number Acas doesn't have the power to conciliate on some or all of my claim My employer has already been in touch with Acas My claim consists only ofa complaint of unfair dismissal which contains an application for interim relief.(See guidance)

Final check Please re-read theform and check you have entered all the relevantinformation. Once you are satisfied,please tick this box. General Data Protection Regulations

The Ministry ofJustice and HM Courts and Tribunals Service processes personal information about you in the context oftribunal proceedings. For details ofthe standards wefollow when processing your data, please visit the following address https://www.gov.uk/government/organisations/ h m-courts-and-tribunals-service/about/personal-information-charter. To receive a paper copy ofthis privacy notice,please call our Customer ContactCentre: England and Wales:0300 123 1024 Welsh speakers:03003035176 Scotland:03007906234 Textphone:18001 0300 123 1024(England and Wales) Textphone:18001 03007906234(Scotland)

Please note:a copy ofthe claim form or response and other tribunal related correspondence may be copied to the other party and Acas for the purpose oftribunal proceedings or to reach settlement ofthe claim.

Page 11 11

m Additional information You can provide additional information about your claim in this section. Ifyou're part ofa group claim,give the Acas early conciliation certificate numbersfor other people in your group.Ifthey don't have numbers,tell us why.

Page 12 12

EmploymentTribunal Responseform You mustcomplete all questions marked with an'"'

Case number 12345678/2019

Claimant's name

MISS CLAIRE BLACK

1.1 Claimant's name

Respondent's details

2 1 Name ofindividual, * company or organisation

TRUMPTON CORPORATION LIMITED

Geoff McDonald 34 Main Road Trumpton

2.2 Name ofcontact 2.3* Address

Number or name Street Town/City County

Postcode:V I 1 1 2 1 : 3 1 9 1 01

DX number (If known)

2.4 Phone number

Where we can contact you during the day Mobile number (If different)

2.5 How would you prefer us to contact you? (Please tick only one box)

Email

Post

Fax Whatever your preference please note thatsome documents cannot be sent electronically

'.6 Email address Fax number 2.7 How many people does this

5000

organisation employ in Great Britain? 2.8 Does this organisation have more than one site in Great Britain? 2.9 IfYes, how many people are employed at the place where the claimant worked?

Yes

No

ET3- Responseform(12.18)

© Crown copyright2018 13

D Acas Early Conciliation details 3.1 Do you agree with the details given by the claimantabout early conciliation with Acas?

Yes

No

If No,please explain why,for example,has the claimant given the correct Acas early conciliation certificate number or do you disagree that the claimant is exemptfrom early conciliation, ifso why?

4 Employmentdetails 4.1 Are the dates ofemployment given by the claimant correct? IfYes, please go to question 4.2 If No,please give the dates and say why you disagree with the dates given by the claimant When their employmentstarted When their employmentended or will end I disagree with the datesfor the following reasons

Yes

No

1 No

4.2 Is their employment continuing?

Yes

4.3 Is the claimant's description oftheirjob or job title correct? IfYes, please go to Section 5 If No,please give the details you believe to be correct

Yes

No

Page2 14

Earnings and benefits

5.1 Are the claimant's hours of work correct?

✓ Yes

No

If No,please enter the details you believe to be correct. 5.2 Are the earnings details given by the claimant correct? IfYes, please go to question 5.3 If No,please give the details you believe to be correct below Pay before tax (Incl. overtime,commission, bonuses etc.) Normal take-home pay (Incl. overtime,commission, bonuses etc.) '.3 Is the information given by the claimant correct about being paid for, or working a period of notice? IfYes, please go to question 5.4 If No,please give the details you believe to be correct below. If you gave them no notice or didn't pay them instead ofletting them work their notice, please explain what happened and why.

hours each week

Yes

No

Weekly

Monthly

Weekly

Monthly

Yes

No

The Claimant resigned with immediate effect and was therefore not entitled to any notice pay.

5.4 Are the details about pension and other benefits e.g.company car, medical

Yes

No

insurance,etc.given by the claimant correct? IfYes, please go to Section6 If No,please give the details you believe to be correct.

Page3 15

6 Response

6.1* Do you defend the claim?

✓ Yes

No

If No,please go to Section 7 IfYes, please set outthe facts which you rely on to defend the claim. (See Guidance - If needed, please use the blank sheet at the end ofthisform.)

We do not accept that the Claimant became ill as a result of stress at work. At most the Claimant expressed concerns that she may miss some deadlines because she was busy however we extended these deadlines to accommodate her. We accept that the IT department is a busy department and can at times be stressful but it is no worse than any other department. The Claimant went off sick on 19 March 2019 and the Company implemented its Managing Sickness at Work policy at that point. Matthew Taylor referred the Claimant to Occupational Health in April 2019 and an assessment was arranged for 2 May 2019. The first time Claire mentioned that Anna Smith had bullied and harassed her was in this report but by this time Anna Smith no longer worked for the Company. Matthew Taylor sent the Claimant a copy of the report on 17 May 2019 and invited the Claimant to attend a meeting in order to discuss it. On 22 June 2019 Matthew Taylor attended a meeting with the Claimant and Catherine Holmes, her Union representative. At this meeting the parties discussed departmental resources. Matthew also explained that Claire had been the only person to complain. The Claimant then said that she wanted to return to work but could only do so if the environment at work became less stressful. The Claimant also produced another sick note. Before Matthew Taylor could deal with this in detail the Claimant raised a formal grievance in which she stated that both Anna Smith and Matthew Taylor had bullied and harassed her. It is denied that the Claimant was bullied and harassed by Matthew Taylor or Anna Smith. An investigation began into this grievance but unfortunately, because the Claimant had raised it during the peak holiday season,there was some delay. Despite this grievance the Company still had to manage the Claimant's sickness absence. Matthew Taylor therefore wrote to the Claimant to arrange a review meeting which she attended with Catherine Holmes. Matthew Taylor warned her that dismissal could be a possible outcome of this meeting. John Metcalf also attended this meeting to give Matthew Taylor some support. Before the meeting got very far the Claimant became upset, and stormed out stating she was resigning. The Claimant wrote a letter the next day to confirm her resignation. Matthew Taylor then wrote to the Claimant the next day informing her that the Company accepted her resignation with i mmediate effect. The Respondent does not accept that it was in fundamental breach of the implied duty of trust and confidence to enable the Claimant to resign and claim constructive unfair dimissal, as alleged or at all. Alternatively, if the Tribunal finds in favour of the Claimant,the Respondent will argue Polkey, namely that the Claimant would have been dismissed in any event due to capability/long term absence. For the avoidance of doubt, although the Claimant resigned without notice, the Respondent does not intend to pursue the Claimant for breach of contract.

Page4 16

D Employer's Contract Claim 7.1 Only available in limited circumstances where the claimant has made a contract claim.(See Guidance) 7.2 Ifyou wish to make an Employer's Contract Claim in response to the claimant's claim, please tick this box and complete question 7.3 7.3 Please set out the background and details ofyour claim below,which should include all important dates (see Guidance for more information on what details should be included)

Page5 17

8 Your representative Ifsomeone has agreed to represent you, please fill in the following. We will in future only contact your representative and not you. 8.1 Name ofrepresentative Pili Fernandez-Mahoney

Chingley & Co

8.2 Name oforganisation 8.3 Address

17

Number or name Street Town/City County

Bury Road Manchester

Postcode I M 7 1 I 4 1 F I T 1 I

14409 Manchester5

8.4 DX number(If known)

0161 234 5515

8.5 Phone number 8.6 Mobile phone 8.7 Their reference for correspondence

MPFM/3000026-0815

8.8 How would you prefer us to communicate with them?(Please tick only one box)

.1 Post

Email

Fax

8.9 Email address 8.10 Fax number

Disability

9.1 Do you have a disability?

Yes

No

IfYes,it would help us if you could say what this disability is and tell us what assistance, ifany,you will need as the claim progresses through the system,including for any hearings that maybe held at tribunal premises.

Please re-read theform and check you have entered all the relevantinformation. Once you are satisfied,please tick this box.i

Page6 18

EmploymentTribunals check list and coversheet Please check the following: 1. Read theform to make sure the information given is correct and truthful,and that you have not left outany information which you feel may be relevantto you or your client. 2. Do not attach a covering letter to yourform.If you have anyfurther relevant information please enter it in the `Additional Information'space provided in the form. 3. Send the completed form to the relevant office address. 4. Keep a copy of yourform posted to us. Once your response has been received,you should receive confirmation from the office dealing with the claim within five working days.If you have not heard from them within five days, please contactthat office directly. Ifthe deadline for submitting the response is closer than five days you should check that it has been received before the time limit expires.

You have opted to print and post yourform.We would like to remind you thatforms submitted on-line are processed much faster than ones posted to us. If you wantto submit your response online please go to www.gov.uk/being-taken-to-employment-tribunal-by-employee. A list ofour office's contact details can befound atthe hearing centre page ofour website at — www.gov.uk/guidance/employment-tribunal-offices-and-venues; ifyou are still unsure about which office to contact please call our Customer Contact Centre -see details below General Data Protection Regulations The Ministry ofJustice and HM Courts and Tribunals Service processes personal information about you in the context oftribunal proceedings. For details ofthe standards we follow when processing your data,please visit the following address https://www.gov.uk/governmentiorganisations/hm-courts- and-tribunals-service/about/personal-information-charter. To receive a paper copy ofthis privacy notice, please call our Customer Contact Centre -see details below Please note:a copy ofthe claim form or response and other tribunal related correspondence may be copied to the other party and Acasfor the purpose oftribunal proceedings orto reach settlement ofthe claim.

Customer Contact Centre England and Wales:0300 123 1024 Welsh speakers only:0300303 5176 Scotland:03007906234 Textphone:18001 0300 123 1024(England and Wales) Textphone.18001 03007906234(Scotland) ,Mon - Fri,9am -5pm),they can also provide general procedural information about the Employment Tribunals.

Page7 19

Continuation sheet

Page8 20

F

U

To: Anna Smith From: Claire Black Date: 06/01/2019 Subject: Workload

Hi Anna I thought I'd drop you an email because I'm having concerns about my current workload. As I'm sure you are aware, the lines have been super-busy recently. I feel my workload has become very heavy and I am really concerned I won't be able to meet all my deadlines. In particular, I won't be able to submit my weekly production report on Friday this week as you requested. I'm sorry about this but any help or flexibility you could give me in relation to this week's report would be very much appreciated. Kind regards Claire

1

236985242_1

21

To: Claire Black From: Anna Smith Date: 10/01/2019 Subject: Workload Monday is fine for the report. I appreciate workloads are a bit brisk at the moment. If you need anything else, please let me know. Anna

1

236985410_1

22

To: Anna Smith From: Claire Black Date: 13/03/2019 Subject: Workload Anna

My workload has not improved and I'm still struggling to do everything. As you know I do take pride in my work and don't like submitting my reports etc. late. The situation is making it difficult for me to sleep which in turn is affecting my ability to do myjob. The situation is causing me a certain amount of anxiety and I would appreciate a chat when you're free. Regards. Claire

236985510_1

1

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

• • • • •

• • • • • • •

3 • • • • •• • • • • • • • •

• • • • • • •

• • • • • • • • • • • • • •

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••••••••••••

IN THE TRUMPTONEMPLOYMENT TRIBUNAL Case Number:12345678/2019 BETWEEN CLAIRE BLACK and TRUMPTON CORPORATION LIMITED Claimant Respondent

WITNESSSTATEMENT OF CLAIRE BLACK

I,MISS CLAIRE BLACK,of12 Town Street, Trumpton T456QP will say as follows:

1 I am an IT Assistant and have worked in the IT Department ofTrumpton Corporation Limited for the past 5 years. My role involves answering help desk calls, being on call and working out of hours to ensure the Company has hands on support at all times, as well as some administrative duties. 2 I used to enjoy my work as I found working in IT very rewarding. It was a friendly team and I always felt supported. The admin work was always an important but small part of what I did. 3 In December 2018 a couple ofthe more senior members ofthe team left and their workloads were split between the remaining IT team including myself. I did not mind this at the time because I assumed it would be temporary whilst they were replaced but that did not seem to happen.It also meantthe out ofhours support was now only split between afew ofus. 4 It was not long before I noticed the atmosphere within the team changed, becoming far more stressful and tense. Everyone became extremely busy and,because ofstaffshortages,I had to do 1 1/2 people's work and received very little support, particularly from my manager, Anna Smith. 5 I emailed Anna on several occasions in early 2019 explaining that I was feeling stressed and unable to cope with work pressures. However she always took a long time to reply and when she did reply her response was invariably unhelpful and unsympathetic. I feel she did not take my concerns seriously. 6 My work situation did not improve and I became so stressed that I could not sleep at night. I felt unwell and generally overwhelmed. Eventually the stress and pressure became too much

and so I went to see my GP on or around 20 March 2019. He signed me off sick from work for the next four weeks with stress. He also prescribed me diazepam. I have not returned to work since. 7 During my time off work with stress no effort was made by the Company to get in contact with me or help me through such a difficult time. Matthew Taylor did write to me on 25 April 2019 to tell me he had replaced Anna and to tell me he was referring me to occupational health however this was the extent ofthe support he gave me. 8 I saw occupational health on 2 May 2019. I was seen by the consultant Dr Edwins. At this meeting I explained in what way I had felt stressed at work and also that I had been disappointed by the way Anna Smith and Matthew Taylor had dealt with my concerns. In her report Dr Edwins agreed with what my GP had said, that I was stressed and that I would benefitfrom some counselling but this never happened. 9 Matthew Taylor sent me a copy ofthis report in his letter of 17 May 2019. In this letter he also asked that I meet with him to discuss the report. I thought this would be an opportunity for me to explain and resolve some ofmy problems. 10 The meeting with Matthew was held on 22 June 2019. I attended the meeting with Catherine Holmes, my UCU representative, and Matthew Taylor also attended along with an HR manager Ms Bunne. 1 1 At this meeting Matthew Taylor said that no-one else in the department had felt stressed or overworked and that there was no evidence to suggest that the team had been especially busy in January 2019. He had clearly made up his mind before the meeting and was very unsympathetic towards my problems. I felt his behaviour at this meeting amounted to bullying and harassment and this added to my stress and anxiety. 12 I did not hear anything else until 20 September 2019,when Matthew Taylor wrote to me. He explained that I would shortly be running out ofsick pay and therefore going onto nil pay and that I should meet with him on the 10 October to discuss my sickness absence. He informed me that an outcome ofthis meeting could be my dismissal. 13 I felt really shocked and upset by this letter. Catherine Holmes was not happy with the handling of the meeting and told me that Mr Taylor appeared to be trying to avoid the grievance process by sacking me. She put her views in writing to Matthew Taylor on 28

September 2019. Despite this, Matthew insisted the meeting go ahead on 10 October 2019 and so,in an effort to be as helpful as possible,we agreed to attend. 14 I attended the meeting on 10 October with Catherine Holmes. Also in attendance were Matthew Taylor and John Metcalf. After the necessary formalities had been completed Catherine began by asking Matthew why John Metcalf had been allowed to attend. It was odd because he was supposed to be investigating my complaints and I did not understand why he needed to be at this meeting which Matthew had said was nothing to do with the grievance. He explained that he needed a witness at this meeting because Claire had accused him of bullying at a past meeting and he wanted to be safe. 15 It was obvious from the very start ofthe meeting that Matthew and John had no interest in my problems or helping me return to work. I tried to explain my feelings but I could tell from their expressions that I was fighting a losing battle. It was clear to me and Catherine that this was a waste ofmy time. I got very stressed and upset and felt Ijust had to leave the meeting immediately. 16 I know I said something about intending to resign when I left the room but I was angry and upset. I could not cope any longer so confirmed my resignation in writing the next day. I received a letter from Matthew a couple ofdays later stating that he accepted my resignation. I really wanted to return to work and am disappointed that things have ended in this way. 17 The whole situation has made be very ill, I have become withdrawn and barely leave the house anymore.

This statement is true to the best ofmy knowledge and belief

Signed..CA-go i3 Dated o2, co 2, I 2,o

IN THE TRUMPTON EMPLOYMENT TRIBUNAL Case Number: 12345678/2019 BETWEEN CLAIRE BLACK and TRUMPTON CORPORATION LIMITED Claimant Respondent

WITNESS STATEMENT OF MATTHEW TAYLOR

I, MR MATTHEW TAYLOR, of Trumpton Corporation Ltd, 34 Main Road, Trumpton TP12 9AQ will say as follows: 1 I have worked for the Respondent since 1999. On 16 April 2019 I took over from Anna Smith as IT Manager in the IT department. 2 I have responsibility for managing the IT department and it therefore fell to me to manage Claire's sickness absence. 3 I was lucky enough to spend five days working with Anna Smith in the IT department before she left. I was able to observe her at work and had the benefit of a week's handover. Her team seemed to function well and everyone had a relaxed and friendly attitude. Anna helped me a lot during that week and I do not see how anyone could find her manner bullying or harassing. 4 During the handover Anna explained that Claire had been off sick for a few weeks with stress. I did not probe any further but it was apparent that the other members of the team thought that Claire had some marital problems. Anna did say that Claire was a born worrier but that, despite this, she always produced good quality work. At first, therefore, I assumed that this was just a blip and that Claire would be back soon. 5 After a week in the department I decided to write to Claire because she had then been off work for nearly a month. I therefore followed the Company's policy for managing sickness. I wrote to Claire on 25 April 2019 to inform her that I had taken over from Anna Smith and that I was referring her to occupational health.

6 I received the occupational health report on 2 May 2019 and sent a copy to Claire on 17 May 2019. Having read the report I decided I ought to meet with Claire and we did so on the 22 June 2019. This meeting was attended by myself, Claire and HR Manager, Gill Bunne. The Claimant chose not to bring a companion. 7 I thought this meeting went well. Claire seemed robust and had no problems speaking up about her concerns and feelings. However she did produce a sick note signing her off work for a further four weeks. 8 Claire did not mention anything about the bullying and harassment during this meeting despite raising it at her occupational health assessment. I therefore decided not to raise it with her at the meeting to avoid causing her any stress. 9 Claire did say that she would be happy to return to what she referred to as a less stressful environment but she also made it clear that she would not want to return to a different department. I tried to sympathise with her, because I know what it is like to work in a busy and stressful environment, but I pointed out that stress and out of hours work was an inevitable part of working in IT. We often have to work out of hours and unsociable hours to deal with help line calls and to ensure the system is up and running at all times. 10 Claire made it clear to me that she did not want to change departments, or roles. In view of the fact that Claire had handed in another sick note, I told her I would keep the matter under review, but if she was not prepared to consider alternative roles there was not much I could do to reduce the stress levels of a department which is stressful by nature. 1 1 Nothing else happened until 20 July 2019 when Claire submitted a grievance. In this grievance she alleged that both myself and Anna Smith had bullied her. This was the first time she alleged that I had also bullied her. 12 I cannot remember exactly when but sometime later I was informed that John Metcalf, Finance Director, had been appointed to investigate Claire's grievance. It was not until September 2019 that John actually interviewed me. 13 At the interview I explained what had happened at the meeting on 22 June 2019. I also explained to John that I had tried to support Claire through this difficult time by referring her to occupational health. I told John that, the impression I had got at the

meeting was that Claire did want to return to work but only in a less stressful environment. I would have been happy to accommodate her needs but Claire was not willing to consider alternative departments or roles. 14 I wrote to Claire on 20 September to inform her she would be going into nil pay and also to request a meeting with her to discuss her future. She had just produced another sick note, which signed her off for another 4 weeks. I felt her sickness absence had now continued for an excessive amount of time. I found it incredible that Claire was still suffering from stress considering the alleged cause of her stress, i.e. being over worked, had been removed. 15 In this letter I also mentioned that a consequence of this meeting could be dismissal. I accept that this could have sounded a bit threatening but employees have to be made aware of these things and this was in accordance with Company policy. 16 I then received a letter from Catherine Holmes, Claire's Unite representative on 28 September 2019 in which she accused me of attempting to circumvent the grievance against me. I wrote to Catherine Holmes on 3October 2019 and explained that there had been a misunderstanding. I explained that the meeting I had arranged for 10 October 2019 had nothing to do with the investigation. I appreciate that this meeting could have caused Claire stress but I felt I had to manage Claire's sickness. 18 Claire began by explaining her feelings and I could tell she felt strongly about it. Suddenly, without warning she stood up and stormed out stating that she was resigning. I was a bit surprised by this. It was a disappointing ending to the meeting but I felt that I had to accept her resignation. 19 In my opinion, had Claire not resigned, dismissal would still have been inevitable because she was not prepared to accept alternative roles within the Company. 17 The meeting went ahead as planned on 10 October 2019.

20 That was the end of my involvement in this matter.

This statement is true to the best of my knowledge and belief.

Signed.. teY

1

Dated 2-

Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72

Made with FlippingBook - professional solution for displaying marketing and sales documents online