ET1 submitted for sex, pregnancy,equal pay discrimination and automatic unfair dismissal.

[Shery123]

Hi everyone, I worked for my ex employer for 6 months. even it was not clear by the contract - it was a fixed term contract, with probationary period and opportunity of becaming permanent.

 

Since I said my manager I was pregnant, was not considered for training, my job turned simply and unespecific, noticed a different treatment. An agency worker was taken as new employee and they gavehim better contractual terms and pay than mine. A new girl was about to be employed.

 

But a big issue was that the heating at the office was too high, this was of at least 26 degrees and I was conitnuosly getting sick, i had asked in several oportunites my manager for the posibility to put the heating to acceptable levels but this did not happen, I asked for a risk assessment but it was clear they were not willing to deal with that.

 

At some point I sent an email to my manager requesting for a response over why nothing was being done over the heating. after the email she called me to a meeting and told me that she was not renewing my contract even I had already passed a probationary period.

 

her reasons were, between others, that she had targets and had to deliver more with less. A day after I was given the notice letter. I raised a grievance, in the meeting my manager was not there and the president and HR did not answer any of my enquiries justifying that the manager was not there, they said that they were not renewing my contract purely for business needs.

 

but they already had replaced me with a new girl in my post. the outcome of this meeting was the final decision upholding my dismissal. I sent a questionaire over discrimination. Weeks after, they tried to contact me to offer me a job, called and sent me emails.

 

I answer their emails telling them that I could not accept their position because I was soon due, they have answered that the fact I was pregnant did not mean I could not take the job and etc. they have also sent the proposal to my home.

 

Just before to reply, I submmitted the ET1 which also includes injury to feelings and financial loss. I am foreseeing that they would like to reach an agreement, but this is the point that I do not know what I could do.

 

I have no idea how much should i ask the ex employer to settle the claim, or how much my claim would be, it seems easier to go until the hearing. but of course I know it may also be a hard work. but I think I have enough evidence. I wonder if someone has information or links, books etc that I could refer to for advice, of what a solicitor would do.

 

unfortunately I cannot afford one. somehow I regreet to have answered their email. and I am ignoring their last email and waiting for ACAS to contac us.

 

Please if you would have some advice something that I should be careful of, or something I should consider for the agreement, etc. I will be very grateful. it was very hurtful experience, I would not be able to go back to work there, I do not trust them, they have treated me really bad and put at risk my health. Many thanks for your comments.

Edited June 22, 2013 by citizenB
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[havinastella]

You really need to punctuate this block of text!

[Emmzzi]

they av tried to rectify matters by offering you permanent role and you have refused this.

 

The ET will not look kindly on that.

[Sidewinder]

Have to agree with Emmzzi - if the post offered was substantially the same as what you were after, then it was open for consideration and will give them grounds to cover any earlier faults as they could prove that they acted reasonably. Depending on the precise circumstances, ET action could be considered vexatious.

[Shery123]

Thanks for your comments, I understand but obviously their offer is not genuine, they have dismissed me on march and I am about to deliver... I sent already the questionnaire and the claim. On the other hand I would not be able to come back precisly, I would not feel ok and I do not trust them. they will treat me in a way that at the end I will have to leave the job. probably I just should reply to them to tell them that because what it happened I would not be able to work with them, and that I think their offer is not genuine. I do not know if I should put this with a 'without prejudice' or just answer their email. I cannot see the ET could consider what it happened just before to send my claim. I believe if they have done something that is wrong, then this cannot be changed for attempts of amending their actions because I sent the discrimination questionnarie which also implies a potential ET claim. On the other hand I had to do the Et1 before on considering their unclear proposal considering the 3 months limit to raise the claim. my question will be, to answer their last email or just ignore and make the talks witht ACAS. thanks

[Emmzzi]

If you're looking for a cash payout I gotta tell you I don't think you re getting it.

 

2 choices

a) take the job

b) move on with your life

[Shery123]

I appreciate your comments, but Do you think I should withdraw my claim? shouldn't I go into talks to know what their offer is about? Why do you think I am not going to be able to receive compensation for the acts of discriminations? just because they are trying to resolve it? as far as I know, before and after the claim there are ways to reach into agreements with ex-employer, and if the parties cannot reach agreement this goes on its way to the hearing. If I have a case as the free equality and citizen borough said, why I should not expect a compensation for damages as a right for having suffered discrimination.

[Emmzzi]

Because you have been offered justice and the world is not about money grubbing?

[Hacked_Off]

I don't think your gonna get far with this one. I dont think not changing heating settings would be classed as discrimination!!!

[postggj]

If the employer is now giving you a job offer, on either better or equal terms than you had previously, a Tribunal will see that as putting you back into the same position as to when the alleged breach occured.

 

If i were your employer and this went all the way to a formal hearing, i would expect to have a costs order awarded in my favour

 

What you have in your defence is that pregnancy related matters are classed as a "protected characteristic" Not having ongoing risk assessments etc will not look good for your employer.

 

Even though their is no lawful maximum heating level in an office environment, 26 degrees is far to high for anybody. That's Spanish temperature.

 

The legislation comes under The Workplace (Health, Safety and Welfare) Regulations 1992

 

The regulations state the temperature needs to be reasonable, 26 degrees is UN reasonable, the temperature should be a minimum of 16 degrees

 

If you can prove that office temperature were that high and you raised that issue due to your pregnancy, and the employer failed to address that issue, i feel you still have a claim. I would push that issue at any case management stage to see if they offer any sort of settlement. You can withdraw a claim at any time,

 

Raise the issue over temperature, lack of risk assessments, protected characteristics etc, you may end up with a settlement offer outside of the Tribunal from the respondent

 

But you need proof to substantiate any claims, it is down to the plaintiff to prove their case

[Shery123]

Because you have been offered justice and the world is not about money grubbing?

 

Wow I did not expect this kind of comment... Justice is a big word. we probably should know more about what this term means, intrinsically is nothing about money.

[honeybee13]

Wow I did not expect this kind of comment... Justice is a big word. we probably should know more about what this term means, intrinsically is nothing about money.

 

Hello there. I think Emmzzi meant that you were offered an alternative position in the company that wasn't too different from your old role. This is the reason some of the guys think you may not have a case.

 

What is your ideal outcome please?

 

My best, HB

[Shery123]

If the employer is now giving you a job offer, on either better or equal terms than you had previously, a Tribunal will see that as putting you back into the same position as to when the alleged breach occured.

 

If i were your employer and this went all the way to a formal hearing, i would expect to have a costs order awarded in my favour

 

What you have in your defence is that pregnancy related matters are classed as a "protected characteristic" Not having ongoing risk assessments etc will not look good for your employer.

 

Even though their is no lawful maximum heating level in an office environment, 26 degrees is far to high for anybody. That's Spanish temperature.

 

The legislation comes under The Workplace (Health, Safety and Welfare) Regulations 1992

 

The regulations state the temperature needs to be reasonable, 26 degrees is UN reasonable, the temperature should be a minimum of 16 degrees

 

If you can prove that office temperature were that high and you raised that issue due to your pregnancy, and the employer failed to address that issue, i feel you still have a claim. I would push that issue at any case management stage to see if they offer any sort of settlement. You can withdraw a claim at any time,

 

Raise the issue over temperature, lack of risk assessments, protected characteristics etc, you may end up with a settlement offer outside of the Tribunal from the respondent

 

But you need proof to substantiate any claims, it is down to the plaintiff to prove their case

 

Thanks postggj, I consider that I have all the tools and evidence to demonstrate my case. In fact my case has a lot of details, and I could say modestly that I am quite informed about the laws that applied to my case. in general because of my pregnancy they have failed to comply with the risk assessment, they have not complied with my contract terms, they still owe me money, they have given better pay and terms to new people in the same position and ultimately I was dismissed because my pregnancy. I am just stuck on this point that probably just solicitors could deal with, where I do not know exactly how to proceed in terms of settlement, At some point I would like to know what their actual proposal is, but I do not feel in a position to deal with them directly. that is why I assume to ignore them, or reply with an email telling them that I would like to hear their proposal with the ACAS concilation. I am basically starting my maternity leave, I am not going to recieve and advantage anyway, and they know that. wont receive maternity pay from them as by dismissing me they made sure this to not happen. On the other hand I am just scared of what they could do if I start a new job with them. Thanks

[postggj]

Has your previous employer delegated the claim to their legal/solicitors dept

 

If so, i would be debating it direct with them on any settlement proposal on a "Without Prejudice Save as to Costs" status,

 

They can only refuse any settlement offer, but may accept just to make the claim go away, but do not be greedy

[steampowered]

Hmm. Personally I do not have a clear opinion either way on this. I think you might find it difficult to persuade the Tribunal that the reason your contract was not extended was sex/pregnancy discrimination. There is some evidence to suggest this was the reason, but no doubt the employer will contest your analysis. This point could go either way and will depend what the Tribunal think based on the evidence you present.

 

You need to appreciate that proving this claim will be an incredibly time-consuming process, you are responsible for presenting your case to the court - the court will not investigate for you. This is not an equal pay issue.

 

Regarding remedies, if the information is not in your claim most likely the Tribunal will ask you to prepare a schedule of remedies. Even if you do not prepare submissions on remedies before you get to the hearing, the other side will... although this is admittedly difficult for a non-lawyer.

 

Potential remedies are as follows:

- Unfair dismissal fixed award

- Unfair compensatory award for lost wages

- Injury to feelings for discrimination

- Potentially the difference between statutory maternity pay you would have received if employed and maternity allowance (or equivalent) you will actually receive.

 

Discrimination awards for injury to feelings are calculated as follows (known as the Vento guidelines)

Top band for the most serious cases, such as where there has been a lengthy campaign of harassment. Awards can exceed this only in the most exceptional cases.

£18,000 - £30,000

Middle band for serious cases which do not merit an award in the highest band.

£6,000 - £18,000

Bottom band for less serious cases, such as a one-off incident or an isolated event.

£600 - £6,000

You are in the bottom band.

 

I'm not sure refusing to accept their offer of work is a disaster. I think there is some force in the argument that an employee should not reasonably be required to accept employment from an employer who unlawfully discriminates against an employee and terminates their employment, this is a very serious breach of the implied duty of trust and confidence.

 

A successful claim could be so incredibly expensive for the employer it would not surprise me if they offer a settlement. On the other hand it could be very expensive for you if the Tribunal finds you were not discriminated against and therefore acted unreasonably in bringing a claim.

[Shery123]

Hello

 

I know that in the main hearing the judge could make inferences for no answer, delay or evasive answer to the questionnaire. but I am not so convinced what the tactic of the respondent representative is.

 

in the draft CMD they says that answer is going to follow.

 

The respondent did not reply or comment to me whether they are going to answer. I sent a follow up letter 2 weeks ago, but did not receive response.

 

I am about to send another reminder. but then I understand that the purpose of the questionnaire is not anymore as it should be when I asked for it. I believe they are taking advantage of the process advancing and want to answer the questionnaire when they have a better picture of the case which seems at my disavantage.

 

After the CMD discussion I want to send at least a request of written answers. should I however insist them to answer the questionnaire?

 

In the CMD do I have necessarely to provide information of the person I will need witnesses orders for?

 

do I have to provide the value of my claim andthe schedule of losses?

 

thank you for your valuable inputs.

Edited August 14, 2013 by honeybee13
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[honeybee13]

Hello again.

 

I've merged your new thread with the other one that you had, I think this will help the forum advisers.

 

I'll also put some paragraphs into your post to make it easier on the eye.

 

HB

[Emmzzi]

You can't insist on them answering the questionnaire; it's not a legal requirement.