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The background After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager. During the meeting, she was informed of a potential dismissal due to performance issues, with little chance of success in appealing, as they influenced the “independent person" involved. Despite the line manager's awareness of the employee’s disability/impairments and previous requests for reasonable adjustments being dismissed by the line manager, no reasonable adjustments were ever given. The employee never received a letter explaining the grounds for potential dismissal by the line manager; overwhelmed by stress and anxiety, she went on sick leave after the meeting. Nearly a month later, the employee initiated a tribunal claim against the line manager, continued to submit sick notes and grievances. The employer's actions became stranger over time, ignoring specific emails, pretending to have no knowledge of the tribunal claim . The employee filed a second employment tribunal claim against the employer and resigned, claimed constructive dismissal, suspecting racial bias in favour of the line manager. manager.

Legal Issues:

  1. Can an employer assist a line manager in an employment tribunal without informing the employee (claimant)?
  2. Does the employer's failure to inform the employee (claimant) while creating a fake dismissal process and collecting evidence constitute a breach of implied trust and confidence?
  3. When does the contract terminate in case of a breach of implied terms and conditions – upon the employer's violation or upon the employee's resignation?
  4. If the employer breaches the contract and feigns an internal grievance process, can this conduct be considered harassment and victimisation?
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  • The tribunal action is against the company, action against a member would get you no relief. You should consider the manager and the company one and the same. But if I can paraphrase, acter a performance feedback session, the person went out sick due to mental health issues, never went back, and is now taking legal action.
    – Tiger Guy
    Dec 2, 2023 at 15:29

1 Answer 1

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The line manager is an agent of the company

The company is the employer and is the one who will be responding to the tribunal. Everyone employed by the company, including the line manager, as well as any external consultants, such as their lawyer, can and will assist the company in its defence.

As for the more detailed questions, the employee should put them to the lawyer who is representing them at the tribunal. If the employee hasn’t got a lawyer, given the clear limits of knowledge this question displays, they need to hire one ASAP.

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