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Hi everyone

 

I'm about to go to full hearing and was wondering if anyone had some case law suggestions I could read.

 

The brief outline of my case is relating to sex discrimination for requesting flexible working hours and unfair dismissal as a result.

 

The witness statements provided also suggest that there was a long running issue with me personally and professionally but no disciplinary record or formal/informal discussions. Does anyone know of any good cases that would help with this too?

 

Thanks in advance.

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What was the actual reason given for dismissal in your dismissal letter?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Ok. So they took you through a redundancy process with a selection pool etc?

 

Was it voluntary or compulsory?

 

Were your hours a factor in being selected? Did you, for example, state that you COULD NOT do your current (ie what you did before you put the request in) hours?

 

Did you sign any compromise agreement or similar?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Redundancy pool of one.

 

Compulsory

 

Single factor for redundancy was a reduction in new business and the work I completed had been streamlined. Both reasons are false and I have proof. My flexible request was not stated as a factor in the redundancy process.

 

No compromise agreement signed.

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sorry to ask so many questions but the devil is in the detail.

 

Let me check a couple more things!

 

You made a formal, in writing, flexible working request. What reasons did they guve you for turning it down?

 

And, you seem to be saying your role is not really redundant. They are allowed to reallocate work elsewhere, but not just "lift the job" and put someone else in it. If it was a simple redistribution of say 10% of the work and 10% to Mary etc and maybe 20% less work due to slow business, that'd be legal.

 

Your problem is you are trying to prove

a) the redundancy process was unfair AND

b) this was directly due to flexible working request (so maybe indirect gender discrimination?)

 

And the case for BOTH needs to be tight. When you say you have "evidence" this'll need to be more than anecdotes from remaining employees - whatever they say now, expect them to back down in court. Happens 98% of the time.

 

No compromise agreement is very good news!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Formal request denied as it would have a detrimental effect on customer demands. In appeal I outlined how this wasn't correct and stated alternative working patterns they could consider. Appeal outcome was never received.

 

I know I was dismissed because I became a pain because I wanted to change my working pattern. They made my position redundant and changed the title and brought in a new employee on largely the same role, with 2 additional responsibilities

 

I know it's not going to be easy but I know the real reason I was dismissed, I'm not looking for money, so I'm going to go through the process with the belief justice will prevail and if it doesn't enjoy a bottle of wine at the end and be happy I gave it my best.

 

Are you aware of any case law that covers flexible working, unfair dismissal and redundancy??

 

I don't have any ex employees backing me up. I do have email evidence that my previous employer have advised staff they will be punished if they help me. Should I include this?

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Looking for case law hon, may take a while!

 

Others have more court experience than me and will be better placed to help with the email question.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thank you.

 

I'll keep looking around. But if anyone knows of any good cases that the judges generally refer to regarding:

 

Direct sex discrimination

Indirect sex discrimination

Unfair dismissal

Redundancy

Flexible working

Whistle blowing.

 

I'd be really really grateful.

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Here's a nice one on flexible working. Struggling to locate one that also has a redundancy!

 

http://www.rtcoopers.com/maternityrights.php

 

Your main problem is that you have not been dismissed due to a flexible working request. I am struggling to find a case law on it - possibley as most employers would not be dumb enough to state that as the reason for the redundancy.

 

In fact, in many ways it's easier if they just turn the request down, the reasons for that can be pretty flimsy, and you either keep your hours, or you resign. Certainly if I were the employer that's what I would have done, and you'd probably have gone on your own volition when you found a new job.

 

Proving the link is the tricky bit, but also the bit that takes it into gender discrimination, which has more chance of a payout if you can prove it!

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I was the only female. My job required a lot of travelling, a lot of hours and a lot of organisation. Nobody else did my role but other roles that required the same, completed by men, were allowed to work from home, arrange diaries as they wished etc. Basically very flexible. My role had been the same, but became less so over time. I applied for flexible hours in order to arrange childcare. I couldn't have a childminder, or send my kids to nursery as they don't open at 4am or allow overnight stays. I had to employ a nanny to cover my hours. All I needed was a minor amendment to allow childcare to be arranged one day a week.

 

The payout isn't important, I just want to try to make it right. Otherwise I'll never be happy I allowed it to happen.

 

I'll check that case out. Thank you.

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Was there actually a reduced need for you to perform your role? How have your duties been redistributed?

 

It sounds like you are bringing a complex case and there's a real danger that you could get bogged down in background information (which the Tribunal is less concerned with) rather than the legal issue of the redundancy.

 

The fairness of a restructure will only be questioned by the Tribunal if the reason was discriminatory or they didn't have a genuine business case for removing your role.

 

How do you believe you can link the redundancy to the failure to agree your flexible hours?

 

Treat the claims separately rather than an amalgamation, and you're more likely to succeed.

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No there was no reduced need for me to perform my role, I was in fact overworked. The redundancy was a sham to remove me. My duties have been taken in by a new employee

 

There business case for the redundancy was cost but I was replaced by an employee on a largely similar package, however I was 5 months from a reasonable pay rise.

 

The link for the redundancy from flexible working is in the timeline of events. The company has provided evidence that they decided to make me redundant a day after I complained about not receiving a response to my flexible working request.

 

How would you recommend the claims are dealt with separately? I struggle as it was a long horrible situation that has brought about multiple issues that meld into one.

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Without reading your ET1, it's hard to say. For example, are you claiming a breach of the flexible working regulations as a claim in its own right, or is the flexible working point just background information to the overall unfairness of the redundancy?

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Hi

 

This link from the Law Society may be of interest: http://www.lawsociety.org.uk/advice/practice-notes/flexible-working/

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hello

 

You can just turn up and ask to see a hearing which is relevant to your case. The staff will take you to the hearing room when ready, but it's worth getting there about 9:45.

 

The tribunals are substantially similar in layout and process, but depending on the size, it's easier to view a relevant case. Our local tribunal has 2-3 hearings listed per day, and being so small it's worth calling on the day to check they are going ahead. Many cases settle the day before, and Fridays are notorious settlement days! I recently went to Birmingham and they had hundreds of flipping cases listed for that day, so they differ in size at least.

 

If you visited the venue where your hearing is held it might make you more comfortable knowing where you're going etc, but hearings will be conducted in the same way at any venue and the layout of the hearing room is very similar throughout.

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Thank you. I attended today and it really helped. I understand now how the judges likes to proceed with the case. I also understand what you meant by keeping the point separate.

 

I recommend it fr anyone coming up to final hearing.

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Looking at redundancy alone. How substantially different does the new role have to be? If you perform 75% of the tasks and the rest are perfectly within the realm of your capability and experience, would this be a redundancy situation or not?

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No hard and fast rule, I usually look at about 50- 60% by volume/ hours.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Sorry I'm not sure if I understand that.

 

I only have the job description to go off of but all my tasks were included and then a few additional tasks that I would have been capable of, but had not been asked to perform.

 

What is your opinion?

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It isn't the range of tasks - it's the time. So if there is one new task you'd spend 95% of your time doing - it's not the same job. If that new job also required you to have passed an exam or a test, even worse.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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