The prospect of facing my antagonists across a darkened courtroom seems more than a little intimidating. I haven’t decided I definitely will, but I am following the course of action that means I can if it feels the right thing to do when the time comes.
I lodged an appeal because I had nothing to lose, even though the outcome was predetermined. Likewise, I underwent pre-claim conciliation with ACAS not because I thought it would do me any good, but because I had to at least consider it before I could lodge a claim, and testing the waters wouldn’t put me in any worse a position. I assumed they wouldn’t take me seriously unless I formally presented a completed claim to an Employment Tribunal; true to form, they offered the smallest token gesture as a settlement, so I took the plunge, instructed solicitors and lodged a claim.
I thought I might feel overwhelmed; certainly I have had a return of migraine attacks every time there is some correspondence about this with “my solicitor” (it still feels really weird saying that). However, on the whole it is a positive experience to have someone to fight your corner with you. My solicitor managed to put what I needed to explain in a sufficiently robust way for me to think that someone else had actually understood what I had been through. What I am paying for, as well as expertise, is the impartial detachment of a professional whose skills are in making arguments well.
There is a down side to that, though. I am very raw and fragile underneath the gung-ho bluster, in a way that still takes me by surprise. When my solicitor sent me an assessment of merits which gave me good odds for one claim, and more than evens on the other two, I nonetheless felt unnerved by the fact that she had assessed the counterarguments as easily. That does not mean she accepts their explanation of events; it does mean she knows there will be another side to this, and realistically it will be aired, considered, and there is a possibility it will be preferred.
Although I need her to believe me and believe in me, I realise she has to be detached to be able to do her job properly. Professional pride at doing a job well is not the same as being emotionally invested. I am the latter, and I am employing someone else to fight this for/with me precisely because she is not.
There has already been a court date set for agreeing the procedural timetable. It arrived as soon as my claim was lodged, and before my ex-employer has filed a response (they still haven’t). They have already asked for a postponement, though, which is annoying, but possibly a sign that they are a tiny bit rattled.
Employment cases are effectively industrial divorce – sometimes they are rubber-stamping exercises, sometimes it’s a relief for both parties to go their separate ways, and sometimes it’s deeply, horribly personal on one or both sides. I know I am in the latter category. It is a matter of professional pride, or rather a dent in my professional pride, that I was misrepresented and therefore not respected. For me, this exercise will continue for as long as it feels like it is redressing that balance. I will do so with something akin to dignity with an unemotional hand to guide me, even if that hand does cost an arm and a leg!
My gut feeling is that they will not compromise at a level I would be happy with. At the back of my mind is the belief that this is extremely likely to have to go the whole way – barrister, days in court, cross-examination, all of that. I couldn’t do it tomorrow, but hopefully, by the time the full trial comes, we will have jumped enough hurdles and crossed enough bridges that it will feel like the inevitable next step.
The whole picture is too much to take in from where I am at the moment; I will have to try and concentrate on the part immediately in front of me and, as it were, try not to look down or fall off in the meantime. I mustn’t think about how much it will all cost, or how terrifying it will be to face an entire group of them against one little me. I must remember that I am standing up to bullies, that workplace bullying will go on indefinitely if no one is prepared to stand up to them. What good are laws if no one is prepared to put their money where their mouth is and use them? I have said it before, but if a former lawyer isn’t prepared to put their trust in the legal system, what does that say about either the law or the former lawyer?
I must focus on One. Small. Step. At. A. Time.