Pregnancy & Racial discrimination - what should I ask for?

[madari]

I have read and reread the attached files, all I have to say is unless you have nerves of still, plenty of fight,& a watertight case, you should think twice about your tribunal claim.

 

[1] You still have a job [count yourself lucky]

 

[2] Discrimination claims are very very hard to win and reading between the lines they [your employers ] are already covering up their tracks and will fight tooth and nail to not only deny discrimination ever existed but will find a way to dismiss you so that no other employer will employ you in the same capacity [or any other for that matter]as you will be regarded as a future liability.

 

[3] ETs favour the employer more than they side with the employee.

 

I personally would let it go and keep a low profile for a year or so and see how it goes.[i know that you feel aggrieved at the moment, but in a few monts time it will have passed, believe me.

 

What you should be looking to do is to mediate and find a way forward for all parties concerned as you will find that the only winners in litigation are the lawyers.

 

The above is enirely what I would do and does not mean that you have to follow suit.

 

Tread very carefully with your next step & good luck.

[GenvievePipi]

Hi Madari,

 

Thank you so much for your advice. Yes, I have the nerve and yes I have plenty of fight in me. I'm a loud bolshy American What I don't have is a watertight case.

 

I understand that discrimination claims are very hard to win.

 

I have planned on moving back to America next year. So even if I lose, and even if my employer sullies my good name it will most likely be limited to the UK.

 

I would prefer ACAS conciliation to going to the tribunal, but we shall see what happens. I am not deterred.

 

Thank you so much for your honest evaluation. It does help to have an outsider look in upon the situation.

 

The atmosphere here at work is actually pretty good. I know that generally when some people go down the grievance / tribunal route the atmophere at work can be poisonous. Since I have filed my grievance, my workload and working life have improved - at least from my point of view. Not sure how management feels.

[assisted blonde]

In the 1st attachment there is an employee name on page 5 and on pages 8 and 9 a client company is mentioned by name.

[GenvievePipi]

Thanks Assisted Blond. I thought I got everything but a few things got through the net. I will make some updates and re-attach.

[Sokoto]

I cannot see any response from your employer but your own letter to the HR. Is it your response you wanted advice on?

[GenvievePipi]

Hi Sokoto,

 

I temporarily took it down in order to further redact the document. It's back up now. I've also attached it here.

dedacted_response2.pdf

[Sokoto]

I have had a quick read of their responses but would need some help from you to direct my effort into those areas you believe were compelling as you know your case better.

Your annotated comment on the margin of sub paragraph f on page 10 could be a ground on direct discrimination as you were excluded from a team activity. Exclusion is an important area if you can find more evidence to demonstrate racial discrimination. However, they provided a very strong rebuttal in the sense that you were not a member of the “pitch team”. Their response to yours on the face of it on this point could have a neutral effect from an informed observer. Without any further evidence it could be difficult for the Tribunal to draw an adverse decision against them on this point.

[GenvievePipi]

Thank you, Sokoto. There are several things I disagree with, not just what I marked on page 10. I am I the midst of writing a rebuttal in which I will refute many points.

 

What additional help do you need from me I order to provide me with some direction? Shall I finish my rebuttal first?

[Sokoto]

GenvievePipi, Below are my additional comments.

Page 1: The issue of your representative was made neutral by your acceptance to be accompanied by someone else.

Page 2: No budget for Project Management is a reasonable reason. However, if after you were told there was no money and you were aware of someone else that was sponsored then you may have a case here to build upon with the evidence. That person sponsored will be viewed as your comparator.

Financial Awareness Training – They conceded here and at the same time provided you opportunity to take up this training. I do not know if there is a legal issue here considering they already accepted they were wrong and willing to put things right. You know better and should be able to know more on this point.

Pages 3 and 4: From Point 2. There are possible issues under this point if you are able to bring out the details more fully. This should come under career advancement.

First line on page 4 the word “recollection” is a legal language to protect statement that may not be correct. The Tribunal is always aware of such statement but can not do so much about it so they would take it on the face of it.

Third paragraph Page 4: I think if you have some evidence then you can use it to your advantage. They accepted genuine mistake then there should be some sort of remedy to correct that mistake.

Point g on Page 6: You may have to demonstrate that your absence was official (either sick leave or pregnancy related) and also evidence that others were informed why you were ignored. This could be a ground if properly developed.

Point 3: Was any (or all) of your comparators job amended to demonstrate unfavourable treatment against you? If the answer is yes you may have to develop this ground more.

Page 9: Their response under “Dropped from meetings” would be difficult to challenge. They are stating that the client made that decision. They also bringing in a very bad aspect by their statement that you were in the pub whilst responding to the client. Perhaps if you have good feedback from the clients it could help to an extent.

I think you have to develop your grounds on points 4 (a, c, e and f). I am not sure there is any life issue on points 4 (b and d).

[transient]

Also there is a name on Page 5 not redacted

[GenvievePipi]

Hi Everyone,

 

Here is my appeal reply to the grievance. I have not yet submitted it. I would appreciate your feedback; especially if you think anything should be added or removed before I submit this.

 

Document attached.redacted_appeal.pdfredacted_appeal.pdf

[honeybee13]

Hello again.

 

Is this the same grievance that you posted on your other thread? I think posting a duplicate may cause confusion for the people trying to advise you.

 

HB

[GenvievePipi]

Oh dear,

 

Hasn't anyone a bit of advice for me? I appreciate my response is quite long.

 

Thanks in advance,

GP

[GenvievePipi]

Case update: CMD scheduled at the end of the month.

 

I've instructed a solicitor. I'm very happy that I found a solicitor passionate about her work, who isn't costing me an arm & a leg.

[papasmurf1cx]

Case update: CMD scheduled at the end of the month.

 

I've instructed a solicitor. I'm very happy that I found a solicitor passionate about her work, who isn't costing me an arm & a leg.

 

Excellent news. I think you did a great job to get it to where you did. Some cases cry out for the professional to do it and I think you are very wise to have done it. Hope it works out. Please let us know what happens at the end game.

 

Remember never take the first offer. Have a figure in mind that is the least you will accept to settle, factor in what the solicitors is costing you and try and get the offer sufficient to pay her and leave something for you.

 

Good luck.

[GenvievePipi]

I do have a figure in mind, but as I'm still employed I don't expect the Respondant offer to be much. I really want an apology, acceptance of liability and a change of company policy. The best case scenario would be a severance package with a minimum of 12 months salary. I don't know what the likelihood getting that is.

 

Also there is one person on this forum in this thread that said (paraphrasing) "I should be lucky to still have my job," and he/she indicated that I shouldn't fuss too much. After much thought I take umbrage at that. Fighting for fair treatment and dignity at work is not about causing a fuss.

[GenvievePipi]

Hello,

 

My Case Management Discussion is next week. My employer's solicitors have alerted me that they are going to ask for judicial mediation because I'm still in employment.

 

Is this a good or bad thing? Should I be wary of judicial mediation?

 

Has anyone been through it?

 

GP

[papasmurf1cx]

Judicial Mediation can only be done if both parties agree to it, what is your position?

 

What does your solicitor have to say about it?

[GenvievePipi]

I am open to mediation, but unsure about it. As long as I can still go forward with the tribunal if I don't agree to the respondent's settlement terms then I am interested. I remain wary the financial implications of mediation + tribunal if we don't reach a settlement.

 

Since the respondent is requesting the mediation, can I request that they pay my legal costs for this? (I don't think they are aware that I have sought representation)

 

I'm still waiting for my solicitor to reply (Just sent her the docs this morning).

[becky2585]

Both parties bear their own costs in mediation, and yea you can still go to the hearing if you can't achieve a satisfactory settlement.

 

Of course, you could ask for a contribution towards legal fees as part of any settlement.

[papasmurf1cx]

One of the aspects of JD is that both parties HAVE to have legal representation. It is not unreasonable to ask for the cost to be met by the employer.... they can only say No!! Of course it is in their interests to get you in to the room to talk through a settlement as the costs of going to trial are much more.

 

You are winning the day.

 

Remember that a medication settlement does not only mean the compensation it can cover ANYTHING that you want eg handwritten apology on vellum by whoever you want, public statement on front of local newspaper..... anything at all. (I am being dramatic !!)

[GenvievePipi]

What does "You are winning the day." mean -- Sorry, I'm American, here, so speak slowly

 

My employer is the agency for a high profile client (company) who will have to become involved in the case as a witness should it go to the tribunal. I feel that my employer has more to gain by going to mediation. Because of the nature of the high profile company it would generate a fair amount of media attention if this goes forward to a tribunal -- so I don't know if mediation is best here.

 

Also, my CMD is next Friday. Am I allowed to take my fiance in with me?

Edited August 22, 2012 by GenvievePipi
spellicing, clairification

[papasmurf1cx]

Tribunals are 'courts' open to the public. Go in together stay together.

 

I would have viewed a JD as them wanting to settle as they requested it, therefore you have them on the run, on the back foot, ..... you are on a 'home run'??? If you medicate and settle normally that would mean there would be a confidentiality clause into the mediation agreement so the media will never hear of your troubles. Is that not what you want?

[GenvievePipi]

Thank you for the explanation. No, I don't necessarily want this to go to he media. I would however, like the fear of media exposure for their wrong doing and discrimination to propel them to a settlement.

[papasmurf1cx]

Sounds like that is what is happening in any event. They have reviewed the evidence and enticing you into a JD mediation and settlement, where you get what you want and they get what they want.