Wrongfully Dismissed ??

[elche]

Majik - once again Sidewinder is spot on.

You claim, "My attempted claim would be discrimination, The new facility manager has dismissed her for not doing her job. He has admitted to not knowing her job/her hours etc but stands by the fact that she wasn't doing it rite."

Sidewinder rightly replies, " Grounds for unfair dismissal on the grounds of unlawful discriminination may only be made on the basis of unfair treatment due to race, gender, age, sexual orientation, religion, disability or if a part-time or temporary worker is treated less favourably than a full time or permanent member of staff." Thus dismissal for not doing her job is NOT discrim. Dismissal can = unfair treatment BUT in what way can yuou link this to her race, gender, age, sexual orientation, religion, disability?

You seem to be neglecting the legal basis needed for an employee to bring a unfair dismissal claim when they do not have the requisite 12 months. Is your partner from an ethnic community? Also what was her date of dismissal as time is ticking from this date.

[majik]

He claims she is not proactive and that someone older would suit the job more.

Surely the above which is a direct quote from him would be age related discrimination. ??

[majik]

Grievance is already underway through employer etc, once we get outcome we will take a stance then.

Thing that is annoying is this is a firm of solicitors !!!

Surely not giving out a written copy of her grievance procedure is again not correct, It was only available on the internal intranet, So once she left she couldn't see it.

She was dismissed 7/7/2008.

[elche]

Ah now were getting somewhere. Did they say in writing that an older person would suit the job more? Any witnesses?

Age discrimination is unlawful. How old is your partner? and importantly how old was the person that replaced her? You probably have 3 months from 7/07/08 to submit your ET1 to a Tribunal. Don't forget this date. Possibility this will be extended if you have submitted a grievance to 3 months from date grievance process was completed. Pretty sure that there is no obligation to provide you with a written greivance policy provided you have your stat min grievance rights e.g. hearing, investigation, descison, right of appeal. I hope you have mentioned age - discrim in your grievance letter?

[majik]

Only have chance of greivance as i demanded it, was not offered to me freely/easily.

Nothing in writting/witnesses as this was a "Quick Chat" involving FM and my partner. All we have in writting is that due to poor attendance/Time keeping (Complete rubbish as partner had to park up 30-45 minutes early to get a parking space, Also as FM was unaware of her working hours etc how would he know if she was late anyway ??)

My partner is 22 and person who Temped (we believe replaced) is probably mid thirties i would guess. But as when only have verbal proof etc how do we prove it ?

[elche]

Proof is always a problem in discrimination cases. If you can show a prima facia case then an Employment Tribunal may reverse the burden of proof meaning that it is for the employer to show that the principle reason for dismissal was not a potentially discriminatory one.

From what you have said it appears your case is weak. It is impossible to say for sure. The claimant is not very young or very old. If the employer has a good spread of ages including people aged 22 working for them then they may well defeat your claim.

You could consider putting in a speculative claim before your 3 month deadline, but I’m pretty sure (and check this) that before bringing the claim you must have submitted the grievance and it must relate to the basis of the claim i.e. age discrim. A speculative claim may lead to a small offer from them to settle. Alternatively they may put a Trainee Solicitor on it and defend it. I would seriously consider putting this behind you and moving on

[majik]

We are just waiting for the outcome of the greivance and are unlikely to take it any further, Just trying to get info for future referance really.

I just find it disgusting that employers can treat people like this and even worse that they are solicitors.

My partner has a interview next week so we are hoping that things will start to get better then.

[elche]

I agree that it is bad that she was treated like this. Solicitors should know better. Best of luck for the interview