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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44389
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have Aspergers & I was bullied by 3 disingenuous mgrs and

Customer Question

I have Aspergers & I was bullied by 3 disingenuous mgrs and not supported by union when I emailed them for support.
I was in a post at Gchq after receiving diagnosis where I was supposed to be allowed to find a suitable post of my own.
But the mgrs had their own agenda which I find difficult to see with my condition.
They prevented me from moving to 2 absolutely suitable posts for me and I had to escape to any job.
The one I escaped to had brilliant mgrs and supported me through HR taking grievances and disciplinary against me!
Union advised it wouldn't help my case to explain & prove the 3 mgrs disingenuity.
I didn't understand that at the time nor do I nor anyone else now.
The job I moved to was not right although mgrs were good. So they allowed me to move to what was supposed to be an appropriate job, but it was missold.
I got union to argue this so I would be allowed to move, but now HR security have stepped in and blocked that.
Current mgrs who are new into job are threatening capability and all union are doing is offering VE or be dismissed.
Current reps have not looked at my evidence and only hearsay from previous reps I now realise at least one was definitely conflicted (saying my mgr would be horrified if she knew how I felt!)
I'm widowed mum alone without support and they knew that too so I was a vilnerable target to bully.
The disingenuous mgrs were not expert at the work I was doing in data analysis in HR. The prevented me from applying from the 2 intelligence analyst posts ideally suited to me just before a holiday for mgr when they were keeping me to do their work. But mgr omitted to give me all info fur work and then Denied it.this happened twice along with other shenanigans.
I was also oppressed in not being able to talk directly to people who wanted the analysis doing so was prevented from doing the work as well. Nor was I allowed full knowledge of access to available data thereby limiting my ability to do job.
I received slating report after busting a gut.
Previous incumbent also received same treatment and was so distraught although she gave some evidence in bullying case against me, she didn't want to relive her trauma.
She also knows of previous staff who've also had issue with same mgrs.
Please help urgently.
Do I have a case of disability discrimination or actually preventing a one sided agenda against me who couldn't see to defend myself in the situation?
Submitted: 23 days ago.
Category: Law
Expert:  Ben Jones replied 23 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 23 days ago.

How long has this been going on for? Please can you also tell me how long you have worked there for? Thank you

Customer: replied 23 days ago.
for ben jones:-
sorry ive only just accessed the email.
ive worked there for over 9 years and was in the hr job from nov 13 til feb 15 but subsequently moved and was still trying to find the right type of analytical work for me as I was not afforded the duty of care to do that in that first post afyer diagnosis for aspergers.
Customer: replied 23 days ago.
for ben jones
I was placed in HR doing data analysis as a supernumerary until I found a post of my own.
The only problem was when I was told I could apply internally for a suitable post of my own and I need analytical work, I was at first naively manipulated into not rushing at 1st job by immediate line mgr to which I realise I wasn't aware of her agenda (of going on holiday imminently and needing me to do her work!) and then told later I couldnt take my time!
Then when I found another even better fit for me as intelligence analyst in financial crime my application was pulled by the HR deployment I was under same Mgt as and again the mgr was going on holiday and had work she wanted me to do.
On both occasions she omitted to give me all info for work and then denied it and gave me a scathing report even tho I got the work done.
Customer: replied 23 days ago.
for ben jones
i need to know some advice today as I have the VE agreement to hand in tomorrow.
I have actually already signed it, but the employers and union do not yet have the countersigned copy.
The independent from employer lawyer was instructed by the union and as Im also not happy with the union advice as theyve not listened to or seen my evidence but purely listened to previous reps who dealt with my case in HR, i dont belive they are advising on the full facts.
the national union have told me when ive outlined the case to them that they cannot advise as it has not come through the local reps.
Expert:  Ben Jones replied 23 days ago.

OK, thank you for your response. I am unable to talk at the moment but I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 23 days ago.

Hi there, the issue with preventing the employer’s actions is that you cannot force them to do so, even if you are in the right and have rights to prevent that. If they are adamant on pursuing their agenda, they can continue with it, even if they are going to be discriminating against you in the process. All it means is that you may have a potential claim against them but you cannot actually force them to act in accordance to law instead.

If you are classified as being disabled you will have automatic protection against discrimination, which means that you must not be treated unfavourably because of your disability. In addition, the employer would have a duty to make reasonable adjustments if you are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:

  • making adjustments to work premises;
  • allocating some of the employee’s duties to others;
  • transferring the employee to fill an existing suitable vacancy;
  • altering the employee’s hours of work;
  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
  • acquiring or modifying specialist equipment;
  • providing supervision or other support.

Whilst the VE agreement would be the easiest option to put an end to this, do not just be railroaded into it. Ensure that you negotiate a suitable amount if you are to agree to it, together with references to help you find a new job in the future.

If you are unable to agree on a suitable VE, then you may have to consider a claim against them and there will be further opportunities to negotiate with tem before the claim proceeds.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you are to take this further and the negotiation options I mentioned, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44389
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 23 days ago.
For Ben Jones
The other thing about VE is the the civil service compensation scheme is about to be reduced. They a d union are railroading me into taking it at present. On basis it will be more?
But obviously it gags me from taking any claims against them.
Expert:  Ben Jones replied 23 days ago.

Yes it does prevent you from making any claims against them in the future so that is why you need to be sure that what you are settling for is sufficient. If no agreement is possible whilst you are employed by hem and you have to leave and pursue this as a discrimination and/or constructive dismissal claim then you will have one more chance to negotiate.

That is because a new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Customer: replied 23 days ago.
I work at GCHQ and they don't take part in early reconciliation process with ACAS.
Maybe to do with their security?
Nor can the national union even have the policy details.
Customer: replied 22 days ago.
For ben jones
I worked at GCHQ and apparently they don't take part in ACAS early reconciliation.
Nor can the national union even see the policies of the dept.
Only local reps can refer and I think they haven't presented all facts of the case and that's why the national union said I had no case and currently when ive emailed details directly to national union they've said they can't advise if I have a case as its not referred by local rep!?What area of law or lawyer do I need to pursue union.
Expert:  Ben Jones replied 22 days ago.

Ah yes if you are directly employed by GCHQ they are one of five exemptions to early conciliation. However, they are not exempt from a tribunal claim if you need to go that far.

If you need to pursue the union then that would be for breach of contract or negligence so you need a civil litigation lawyer ideally.

Customer: replied 19 days ago.
For Ben Jones
Am I am to say I'm not happy with the lawyer as he was instructed by the union and as I'm not happy with the union, I'm obviously not happy that he's instructed by them.
I also asked that lawyer to not send in another copy of his signed version of my agreement document. And he did.
He said he didn't receive such an instruction and so I sent him the email again.
It was the first email.
I haven't heard from him since.Also I got a note from my GP on Monday to say that on all the occasions when they had seen me in September from 5-28th, and that I was extremely anxious and I would not be able to make safe decisions.
Do you think this could invalidate my signature?
So I May be able to pursue a case of ET for disability discrimination.I'm informed by the psychiatrist who diagnosed me that with my condition of Aspergers I have little theory of mind, I am unable to get people's motives.
So I believe when I was put into a situation of conflict of interests of the mgrs having me as a supernumerary for up to 1 year, at the same time that I was told I could look for a job of my own.
I was prevented from moving to 2 particularly suitable posts internally because I realise now on both occasions the line mgr was about to go on holiday and they had her work for me to do.
However on both occasions the mgr was slipshod and forgot to give me all info for work.
I used initiative and found out anyway and did work.
The mgr denied her oversights on both occasions, gave me a slating report. The second signatory mgr just agreed, did not do his job properly, not acting as an arbitrator.
I was not happy and persisted in trying to get credit
They took a grievance against me for bullying which was later changed to a disciplinary.
This was for seeking support from union where I cited after loads more events that the line mgrs had lied.
Somehow HR had got hold of the email,
The union rep at the time said it would not help my case to explain and prove that my statement about them lying was right.
I didn't understand this but as I'm a lone widow without anyone to discuss anything with I was confused and sort of went along with it. I did briefly mention it in the meetings and the investigator seemed a bit perplexed for a Moment, but obviously it didn't come over as strong as they were not supporting this.
I now believe they were clearly only
Placating things to save the bacon of the managers.Do you think I may have a discrimination case?
Could my Drs note nullify my signature rendering the agreement to the VE invalid in which case I could pursue any further claims?
Expert:  Ben Jones replied 19 days ago.

You can say you are unhappy with the lawyer but cannot force the union to use someone else. You will need some strong medical evidence that you did not have capacity to make decisions to be able to challenge the VE and then only a court can decide if that is sufficiently good a reason. So the note itself is unlikely to be enough – you would need a more detailed report and then if the employer refuses to accept it – only a court can decide whether it should make the VE invalid

Customer: replied 15 days ago.
For Ben Jones
How would I start to initiate seeing if my signature is valid? Medically?
I was railroaded into it by the union & HR.
Also national union say they cannot advise if I have a case as it hasn't been referred by the local reps; yet they say they have checked and I have no case.
So they cannot have relayed all info' or same case at all if national union are saying it's not referred by local reps.
Do you think this is a valid point & I may have a case against union organisation?
As I worked for Gchq, there is so much classified info' I cannot relay to the national union that I don't know if that will prevent a case?
Eh I cannot even give names of reps.
Do you think they will say my grievance is with the employees of Gchq who were reps, vs. Union?
Expert:  Ben Jones replied 15 days ago.

Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

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