Will i suceed in Employment Tribunal?

[isvet]

HI, i am Polish worker. In UK 5 years. Working for a small company. During this time was verbally abused by supervisor, threatened with violence and dismissal. He told me a lot of humiliating words, regarding my nationality,my sexual orientation, my life style and so on. Always was paranoid about me, always commenting go out of this country, go home, that i am stupid polish etc.etc. It was very difficult years for me, hard work, overloaded with work, with combination with all this comments.

So i had paranoia broke down mentally, and went to management, they moved me to other area, other department, and same time they covering and denying that ever i was abused by that supervisor, they telling me no racism ever took place. So now i think what to do??? How could it be like that. I am planning to take them to tribunal and with help of witnesses and few papers and few photos from the past to give out to tribunal and lets they decide what was that durimg all this time. I never complaint to managemnt during my work time, because really i was afraid to losse my work, that supervisor is crazy.Now i feel like they spitted in my face, supervisor never even had any warning for that, what happened they droped me down and that is it.If i will go to tribunal, will i be able to win it???

[Sunfl0wer]

Hi,

On the face of what you have submitted, I would think you could refer your claim to ET, citing discrimination (race and sex).

At the moment, certain Tribunal offices are well known for being sympathetic to these sorts of claims (Stratford being one of them).

The levels of compensation of set out (lower, medium, upper) limits and depending on (a) whether it is found that discrimination took place and (2) the affects of that discrimination, will determine at what limit compensation could be set at.

If you had more than a years' service and then resigned as a result of this act, then you could additionally attach constructive dismissal to your claim.

Difficult to say whether you would 'win', but certainly no harm launching your ET1, then depending on the respondent's Grounds of Resistance, you will have a better idea.

Good luck

[R&J]

Hi,

 

On the face of it it sounds as though you could have a good claim.

 

There are various issues here that will need clarification, but probably isn't the sort of stuff you will want to post on a public forum.

 

Check your PM inbox.

[WelshMam2009]

I presume that you are still employed by this company Isvet??

 

If so then you need to submit a grievance as soon as possible. You should not just walk out and expect to win at a tribunal. You have to follow correct procedures. Also, constructive dismissal claims (where you resign as you feel your position has become untenable) are not easy to win.

 

Do you have a union? It appears that there is discrimination taking place due to your ethnicity and sexual orientation which your employer is doing little to protect and it appears to be having an adverse effect on your health.

 

You need proper advice and I would be inclined to visit Citizens Advice Bureau if you have no other legal advice options open to you.

 

Best of luck.

[isvet]

I been through greviance with company already. They deny everything, and not even investigating anything. Yes i am employed by this company still but in other department where supervisor is female and very friendly and completely different situation now, all is very OK with that woman. There is a lot of questions i have about that previous supervisor,he is a real CRAZY man, really, i never been through all that before, but i realized only now how this effects health and mind, i did my job very good, but looks like my face does not fit in, so the only option left for me is Employment Tribunal, form ET1 ready to be sent soon.Will see what the outcome will be. But the most difficult is that there everyone covers eachother, those guys work together long time, i could not fit in.

What issues need clarification???? Ask, i will clarify if you interested in it.

[honeybee13]

isvet, do you have much in writing about what's gone on? I would suggest you sort through it all and keep it safe. Any proof you can give to an ET will only help you.

 

HB

[WelshMam2009]

I been through greviance with company already. They deny everything, and not even investigating anything. Yes i am employed by this company still but in other department where supervisor is female and very friendly and completely different situation now, all is very OK with that woman. There is a lot of questions i have about that previous supervisor,he is a real CRAZY man, really, i never been through all that before, but i realized only now how this effects health and mind, i did my job very good, but looks like my face does not fit in, so the only option left for me is Employment Tribunal, form ET1 ready to be sent soon.Will see what the outcome will be. But the most difficult is that there everyone covers eachother, those guys work together long time, i could not fit in.

What issues need clarification???? Ask, i will clarify if you interested in it.

 

Sorry Isvet but I am confused. What is it that you hope to achieve by submitting an ET1??

[isvet]

Am i wrong?

Edited July 14, 2010 by isvet

[WelshMam2009]

By submitting ET1, i will proove at the tribunal with witnesses and my statements that supervisor is racist, and company is racist also, because as i understand, if someone caught acting as racist has to be dismissed, and someone who is covering racism became part of the crime. Am i wrong?

 

Ok, I'm no employment lawyer but I didn't think that was strictly the case.

 

The extract from the guidance says

 

If an ET upholds a complaint of race discrimination it can make a declaration to this effect, order the employer to pay compensation to the claimant, and recommend that an employer takes action to remove or reduce the adverse effect on the claimant of the discrimination to which the complaint relates. The level of compensation in discrimination claims is not limited by a statutory cap as is the case in unfair dismissal claims. It can also include an award for injury to feelings (which is also not possible in unfair dismissal awards). In England and Wales

aggravated damages can be awarded separately...

 

Given that your Employer has moved you to another section, and you now have a new supervisor, it could be said that they have, in theory at least, removed the "adverse effect."

 

I honestly don't take this to mean that your employer has to dismiss the persons concerned as they too will have employment rights and will have to be afforded the necessary disciplinary hearings. So no, I don't believe that a Tribunal can instruct dismissal.

 

Also, just be careful as it says that the complaint has to be submitted within 3 months of the "event." This seems a little difficult in such cases as normally such discrimination takes place over a period of time and is not often contained in a specific event.

 

Perhaps you should be claiming compensation for damages to feelings/aggravation as well as action that you feel your employer should be taking?

 

Just in case you have not seen it, I have been reading the document below.

 

http://www.dti.gov.uk/files/file34687.pdf

[R&J]

Isvet,

 

Employment law is a complex area, and there are strict time limits and procedures that need to be followed when submitting a claim. In addition to this discrimination is often hard to prove.

 

If you submit a claim to the Tribunal, and they decide that there is no merit in it whatsoever, or if you fail to comply with an order made by the tribunal, they can award costs against you.

 

What I am trying to say, is that it is not just a case of submitting your claim and waiting for a payout. It is likely that the other side will contest proceedings, and this could be listed for a 2 or 3 day hearing in the Employment Tribunal, especially if there are witnesses involved. The whole process could take several months before it is resolved.

 

How much do you know about English Employment Law? You might have a good Employment Law claim, but I would strongly advise taking legal advice from a Solicitor before submitting the ET1 form.

 

In addition to this you might also have a claim here for Personal Injury, if the harassment and bullying at work has caused you psychological harm.

Edited July 14, 2010 by R&J

[Bigredbus]

Hi,

 

If you believe that you have been discriminated against on the grounds of sexual orientation, you should send your employer the Employment Equality (Sexual Orientation) Regulations 2003 questionnaire, which you can find at the following address: http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/files/file25460.pdf

 

The purpose of such a questionnaire is to help you decide if there is a case to be brought before a court...

[isvet]

BUT, how about 5 years of mental torture??? that i suffered? who is responsible for that???

Edited July 14, 2010 by isvet

[WelshMam2009]

BUT, how about 5 years of mental torture??? that i suffered? who is responsible for that???

 

That would be a personal injury claim as R&J has said above. However, to claim this you will need documentary evidence from your GP or other specialists where you have discussed the problems that you have been experiencing in work and also the adverse effect it was having on your health.

 

Did you go and see anyone in this 5 year period Isvet?

 

I hope that I'm not coming across as being negative but these things can drag on and you may end up coming out of it feeling more distraught than when you started.

[isvet]

I was few times OFF work, but the main thing is because of my personal situation i was trying work as long as i could there, i have been told i will loose my work, so i did my best, i declined in my performance, and degraded very fast at one point in my mental ability and in general. So that was the stage where i broke down and was ready to leave but was lucky and got other place, out of there. If no other position would be available i would be out of there 100% and never returned. I did my best survived patiently as long as i could.

[ms_smith]

 

What I am trying to say, is that it is not just a case of submitting your claim and waiting for a payout. It is likely that the other side will contest proceedings, and this could be listed for a 2 or 3 day hearing in the Employment Tribunal, especially if there are witnesses involved. The whole process could take several months before it is resolved.

 

 

Hi,

 

Are you trying to say that a 2 or 3 day hearing is always doomed for failure for the claimants? Not sure if I understood that bit...

Edited August 31, 2010 by ms_smith

[ms_smith]

Up...

 

Anyone?

[isvet]

My case is moving on. Now i have another question, in some documents from that company was found one document that was signed instead of me by that supervisor, is this fact important? for the case?

[SarEl]

How could anyone know - we don't what the document is and we don't know why it was signed (by anyone!). You need to explain

[isvet]

The document is that i have been warned about my bad attitude towards other co-workers. Signed by manager who warned me, and signed by (my fake signature) that abusive supervisor.

[SarEl]

Are you saying that your signature was forged - which is a very serious matter if you can prove it, or that the supervisior signed it instead of you?

[isvet]

What he did, he signed it with my name and family name, lookalike my signature.

I have never even saw that document before, looks like they did it themselves and placed in my file.

There not difficult to prove it, just looking at it - anyone can tell that it is not same signature as mine.

[BlurredFX]

If I understand correctly, you have raised a grievance, and your company have moved you to a much better environment, so they have discharged their obligation to look after you! An ET would probably have the same opinion, tbh. You still have your job, and you admit the new environment is much better - you raised your grievance and they addressed it.

 

Getting your own back at the manager will not be looked upon favourably, IMHO.

 

What is the document he has forged your signature on?

[isvet]

If I understand correctly, you have raised a grievance, and your company have moved you to a much better environment, so they have discharged their obligation to look after you! An ET would probably have the same opinion, tbh. You still have your job, and you admit the new environment is much better - you raised your grievance and they addressed it.

 

Getting your own back at the manager will not be looked upon favourably, IMHO.

 

What is the document he has forged your signature on?

 

 

I was forced out of that department because of harrasment and abuse which was direct violation of the company policy and the law itself and nothing was done for many years against that agressive behaiviour of supervisor.I raised a greviance and they ignored some parts of it( covered the facts of discrimination), and helped me with the other part of greiviance.

What do you mean getting my own back at the manager? How about the manager who enters a room at 8:00 and tells you : " Start working you lazy bastard"? and at dinner same manager tells you that: " while i am here in UK my wife is having sex with other man"? Or that i am a pr..ck!

Manager like that has to be in prison, not to work with people.

We will see what Tribunal will tell.

You can not know what Tribunal can tell.

[BlurredFX]

There is no defending your managers conduct, but it sounds to me like it will be your word against him and the rest of his friends.

 

On that basis, I would be tempted to just concentrate on your work in the new department.

 

How are you going to prove the racist and sexual discrimination? A tribunal is chaired by a Judge, the other panel members are someone from a Union background, and someone from a HR background (I think).

 

They will require evidence. What evidence have you got?

 

I honestly think you are motivated by revenge, which I can understand, but what will it achieve for you?

 

You can not know what Tribunal can tell

Very true. But we can form our own opinions of the evidence you intend to rpesent them with....

 

Just post the evidence up on here, or at least tell us about it...

[isvet]

Evidence?

Witnesses,his recorded voice,photos of graffiti,some documents written by his hand where he abuses me.