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Victimsation - Detriment - Equality Act

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Hi just wondering if there is anyone who can explain this to me in layman's terms please,

I'm trying to fill in an ET1 form and I'm confused how to word things.

 

Brief background,

I work for local government

I made a complaint of sexual harassment and it was upheld.

 

 

Since then the powers that be have been trying to manage me out of my job in various ways some subtle others not.

I have documents relating to all the points I raise so would I reference these in my ET1?

 

In the Equality Act it mentions victimisation and detriment after making a protected disclosure.

 

 

Do I have to list each of the things that have happened to me as a separate detriment.

And do I have to physically state what the detriment was in each case

e.g. the detriment was me not having a job

or the detriment was the mental distress caused by the hostile working environment.

 

So would I put (there are quite a number of examples but I have just listed a few)

 

 

  • I made a complaint of sexual harassment and my manager asked me to resign because he said it was causing problems for him (meeting notes refer).
  • I made a complaint of sexual harassment and my manager wrote to the Occupational Health department to see if I was fit for my job because I have been off sick with disability related sickness (copy of email refers)
  • I made a complaint of sexual harassment and my manager omitted to issue any guidance to my department on how they should behave and as a result the harasser's friends have been ignoring me and making my working environment feel very hostile.

Or would I put it all together

 

  • My manager victimised me by subjecting me to a detriment namely to remove me from my employment and cause me mental distress because I made a protected disclosure of sexual harassment.

Does any of this make any sense? Any help would be much appreciated

Thanks in advance

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I'm no expert here but i would list it all chronolgically


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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The purpose of the ET1 is to identify and accurately explain the claims that you want the tribunal to decide.

 

You therefore need to concisely explain what the respondent did, why the respondent's conduct was unlawful and what losses you have suffered as a result of that conduct. This is sometimes achieved by having one section briefly but clearly setting out the background, one section clearly but briefly setting out what has happened and another section setting out clearly what claims you are making.

 

The focus is on what your claims actually are, not about what evidence you have to prove them. Disclosure and exchange of evidence comes at a later stage in the process. For example, if you were asked to resign because of a case of making a complaint about sexual harassment, that should go into the ET1. You do not however need to say that this is proved by the meeting notes. You will need to disclose the meeting notes later in the process and will be able to refer to them in the tribunal hearing if necessary.

 

It sounds like a rather complicated case because your post suggests several different allegations. Your post hints at claims for (1) unfair dismissal, (2) discrimination on the grounds of gender, (3) discrimination on the grounds of disability, (4) victimisation for a protected act contrary to section 27(1) of the Equality Act 2010, (5) being subjected to a detriment for making a protected disclosure (n.b. this is not the same thing as a 'protected act' under the Equality Act). That is quite a lot of claims and you need to be clear about which ones you are actually making.

 

It would be worth getting some legal advice if you can to see which of these claims are worth pursuing, or if that's not possible you have the option of providing a much more detailed explanation of what has happened and seeking input on CAG.


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Thank you for your explanation, I think I understand what you are saying. I will post an example of what I'm going to put and see if it makes sense.

 

Can you explain what the difference between victimisation for a protected act contrary to section 27(1) of the Equality Act 2010 and being subjected to a detriment for making a protected disclosure as I don't understand the difference.

 

 

Thank you

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Can you explain what the difference between victimisation for a protected act contrary to section 27(1) of the Equality Act 2010 and being subjected to a detriment for making a protected disclosure as I don't understand the difference.

Thank you

 

 

In addition to the above, I've made a start on my ET1 and so far have put a brief career history and when I was first diagnosed with my disabilities in 2002. My Occupational Health department have a copy of this report on my file. I have put how my disabilities affect my day-to-day life and also the fact I take a lot of medication to control my symptoms most of which have side-effects. Is any of this relevant in the ET1?

 

I have a little money saved to lodge my tribunal case and could probably afford a couple of sessions with a solicitor. Is it best to try and get as much in order as possible before I see a solicitor? I am not being backed by a Union.

 

Are there any good books which might explain the tribunal process to me? Also is there anywhere I could look to access example ET1 forms?

 

So many questions!

 

Thanks

Edited by LifeIsGood

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Hello again.

 

I can't answer most of your questions, but other people will be able to.

 

I would have thought that any preparation you can do to make your case easier to understand for someone seeing it for the first time would save the lawyer time and get you better value for money.

 

In any case, when you go to the ET you'll need a well-prepared file with everything tabulated, so you can refer to it easily.

 

HB


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Thank you for your explanation, I think I understand what you are saying. I will post an example of what I'm going to put and see if it makes sense.

 

Can you explain what the difference between victimisation for a protected act contrary to section 27(1) of the Equality Act 2010 and being subjected to a detriment for making a protected disclosure as I don't understand the difference.

 

s26 of the Equality Act (http://www.legislation.gov.uk/ukpga/2010/15/section/26) deals with harassment on the basis of protected characteristics such as race or gender.

 

s27 of the Equality Act (http://www.legislation.gov.uk/ukpga/2010/15/section/27) prohibits victimisation as a result of a protected act. A protected act in this situation would be something like making an allegation that someone has contravened the Equality Act (i.e. an allegation that they have discriminated against someone on the basis of a protected characteristic like race or gender).

 

Protected disclosures are different and don't have anything to do with discrimination. They come under part of the Employment Rights Act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/part/IVA). This protects you against suffering detriment as a result of making a very limited set of disclosures (e.g. that a criminal offence is being committed or a person is failing to comply with law). You would also need to have a reasonable belief that making the disclosure was in the public interest.

 

In addition to the above, I've made a start on my ET1 and so far have put a brief career history and when I was first diagnosed with my disabilities in 2002. My Occupational Health department have a copy of this report on my file. I have put how my disabilities affect my day-to-day life and also the fact I take a lot of medication to control my symptoms most of which have side-effects. Is any of this relevant in the ET1?

Briefly explaining what condition you are suffering from is relevant to establishing the fact that you have a disability, but keep it concise. Remember you will also need to demonstrate how you were discriminated against as a result of that disability.

 

I have a little money saved to lodge my tribunal case and could probably afford a couple of sessions with a solicitor. Is it best to try and get as much in order as possible before I see a solicitor? I am not being backed by a Union.

I would say it is worth going to get professional legal advice as early in the process as possible, before issuing a claim if time allows (although remember that there is an extremely strict 3 month time limit for issuing a claim that you must meet). This will help inform what your strategy and should be, as well as working out which claims are viable and which are not.

 

Are there any good books which might explain the tribunal process to me? Also is there anywhere I could look to access example ET1 forms?

There should be a few ET1 forms around online, and you can also search through this forum. Tamara Lewis wrote a pretty good book on tribunal process.


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Excellent thank you all for your advise.

 

I think in my ET1 I've demonstrated where my disabilities lie. Our Occupational health doctor has stated in writing on five separate occasions over the past 6 years that he believed I was covered by the Equality Act so I've mentioned this too.

 

Judging from what I've read in the above posts I fall under the Equality act legislation so I'll demonstrate that first and also this Act for the victimisation as a result of a protected act part.

 

I think the Employment Rights Act might also be relevant in

 

  • (b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject -
    • does an obligation under the Equality Act not to discriminate with regards to disability fall under this failure to comply with a legal obligation?
    • or a duty of care under the Health and Safety Act - to provide a safe place of work

     

    [*](d)that the health or safety of any individual has been, is being or is likely to be endangered

    • does the fact I discussed on several occasions how it was seriously impacting on my mental health
    • or would this be where the duty of care under the Health and Safety Act come in?

     

In the ET1 do I have to quote which acts I think are being broken or just state that I believe I was discriminated against because etc

 

Would it be ok to post some of the points I'm raising, I'll make sure I don't put any personal details on

 

Thanks

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In the ET1 do I have to quote which acts I think are being broken or just state that I believe I was discriminated against because etc

You aren't necessarily required to start referring to bits of legislation. But it does need to be clear what claims you are bringing. What you must avoid is reeling off a long essay about how awful it all is and how the respondent are baddies, without being clear about what your claim is. It must be crystal clear what legal claims you are raising.

 

The Tribunal will need to break down the claims you are making and separately adjudicate on each. For example, if you are bringing (1) an unfair dismissal claim, (2) a disability discrimination claim, (3) a sex discrimination claim, (4) a victimisation claim - although they are related the Tribunal will need to consider each of those separately, because the law relating to each of those claims is different. Sometimes people find it helpful to split their ET1 into two parts - the first part concisely outlining what has happened in a chronological manner, and the second clearly setting out what legal claims are being made, and the whole thing should be in numbered paragraphs.

 

I think the Employment Rights Act might also be relevant in

(b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject -

does an obligation under the Equality Act not to discriminate with regards to disability fall under this failure to comply with a legal obligation?

or a duty of care under the Health and Safety Act - to provide a safe place of work

(d)that the health or safety of any individual has been, is being or is likely to be endangered

does the fact I discussed on several occasions how it was seriously impacting on my mental health

or would this be where the duty of care under the Health and Safety Act come in?

Mmmmm this sounds like it might be arguable. However it does overlap with the discrimination claim so I would focus on that as discrimination is the main issue ... perhaps mention a protected disclosure claim at the end. I would avoid talking about health and safety as this is not really the crux of the case and will just confuse people.

 

Would it be ok to post some of the points I'm raising, I'll make sure I don't put any personal details on

Yes, that's fine. Although with a case like this, which sounds fairly complicated, it is difficult to give clear guidance without having specific details about what happened, and hence there is merit in going to see a solicitor if you can.

 

As advised above there are very strict time limits for bringing ET1 claim as well as an ACAS procedure that should be followed, which you need to read up on if you haven't already. The time limits are strictly applied so if they might not be met in your case you need to be thinking about that carefully.


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Excellent, thank you. I've done quite a long chronology already so I'll try and cut it down a little. I've been careful about what I put, just facts and said how it made me feel.

 

I'll have a go at breaking down what the claims are. Can some acts be under two different headings? Say victimisation for complaining of sexual harassment and also disability related in a failure to make reasonable adjustments.

 

For example I was told I had to complete a piece of work in four weeks. As a consequence of my disabilities I occasionally can take a little longer in producing written reports than my colleagues. On this occasion I actually completed the work within the four weeks timescale however due to a mix up by management relating to the requirements it appeared to take me one day longer. This incorrect fact was then recorded in my personal development along with a note saying I was often slow. I gave my manager the facts relating to the mix-up but he left the negative feedback and said it doesn't matter. However it appears to show I am underperforming. This sort of thing is now happening on a regular basis and is quite distressing.

 

The other thing I don't understand is how to show that what has happened is a series of acts. A lot of them will be out of time unless I ask the tribunal to take into account not just the last act but all the acts up to the final one. I notice that the last act has to be within three months. I've a few similarities in that

 

  • it was all departmental management who were involved in the acts,
  • they all appeared to have the ultimate goal of removing me from my job
  • the treatment started after I made the complaint of sexual harassment
  • also in my department disabled females are treated less favourably than able-bodied males (I imagine this would be quite difficult to prove even though statistically it seems quite obvious)

All seems a bit tenuous to me. Any suggestions of where I could look for other links between the acts.

 

Thanks

Edited by LifeIsGood

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Excellent, thank you. I've done quite a long chronology already so I'll try and cut it down a little. I've been careful about what I put, just facts and said how it made me feel.

OK, just remember that you need to focus on showing that the respondent's conduct was unlawful.

 

I'll have a go at breaking down what the claims are. Can some acts be under two different headings? Say victimisation for complaining of sexual harassment and also disability related in a failure to make reasonable adjustments.

Yes, in principle you can have more than one allegation of victimisation. The key is to be clear about what you are alleging. For example, if you are alleging two instances of victimisation, that needs to be clear. If you are alleging ongoing victimisation in relation to the same issue, that needs to be clear.

 

However, failing to make reasonable adjustments is not victimisation. Victimisation under s27 of the Equality Act only covers being subject to a detriment because of a 'protected act' like making a complaint. Failing to make reasonable adjustments is a different type of claim .... see http://www.legislation.gov.uk/ukpga/2010/15/section/20.

 

For example I was told I had to complete a piece of work in four weeks. as a consequence of my disabilities I occasionally can take a little longer in producing written reports than my colleagues. On this occasion I actually completed the work within the four weeks timescale however due to a mix up by management relating to the requirements it appeared to take me one day longer. This incorrect fact was then recorded in my personal development review along with a note saying I was often slow. I gave my manager the facts relating to the mix-up but he left the negative feedback and said it doesn't matter. However it appears to show I am underperforming. This sort of thing is now happening on a regular basis and is quite distressing.

This particular example doesn't sound like discrimination to me, to be honest. Discrimination is being subject to a disadvantage due to a disability. It sounds to me like a screw up around due dates and mentioning that in your personal development review could happen to anyone and isn't a result of your disability. Of course you may be entitled to request reasonable adjustments if required.

 

The other thing I don't understand is how to show that what has happened is a series of acts. A lot of them will be out of time unless I ask the tribunal to take into account not just the last act but all the acts up to the final one. I notice that the last act has to be within three months.

Essentially you would need to show that the employer has engaged in conduct extending over a period ... if you can show that, then everything would be treated as having happened at the end of the period ... which would mean your time limit is 3 months from the last discriminatory act.


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Thanks for the clarity steampowered, it makes sense what you say. It all is very daunting though

 

I'll see what I can come up with and post some examples over the next couple of days

 

Thanks

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Can I just check a few things please.

Firstly is allowing discriminatory remarks and behaviour by co-workers to go unchecked classed as a detriment.

Also can the duty to make reasonable adjustments be stand alone or do you have to prove indirect discrimination first say for example to do my job I need written instructions as I can't remember verbal ones.

If the reasonable adjustment works and I can now complete my job with the same efficiency as my peers can the employer then stop making the adjustment knowing it would disadvantage me again.

Thanks

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Firstly is allowing discriminatory remarks and behaviour by co-workers to go unchecked classed as a detriment.

If that was only allowed to happen due to the fact you made a complaint, then yes.

 

If it was not related to the complaint, then it is not victimisation, and is just plain old discrimination.

 

Also can the duty to make reasonable adjustments be stand alone or do you have to prove indirect discrimination first say for example to do my job I need written instructions as I can't remember verbal ones.

Failure to make reasonable adjustments is not related to discrimination. Discrimination is about bad things

 

As set out in the legislation I posted, employers are required to make reasonable adjustments as follows:

 

The duty comprises the following three requirements.

-The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

-The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

- The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

 

If the reasonable adjustment works and I can now complete my job with the same efficiency as my peers can the employer then stop making the adjustment knowing it would disadvantage me again.

Thanks

Well if they did that, they would then be failing in their duty to make reasonable adjustments. It is an ongoing duty.


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Excellent thank you all for your advise.

 

 

I think the Employment Rights Act might also be relevant in

 

  • (b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject -
    • does an obligation under the Equality Act not to discriminate with regards to disability fall under this failure to comply with a legal obligation?
    • or a duty of care under the Health and Safety Act - to provide a safe place of work

     

    [*](d)that the health or safety of any individual has been, is being or is likely to be endangered

    • does the fact I discussed on several occasions how it was seriously impacting on my mental health
    • or would this be where the duty of care under the Health and Safety Act come in?

     

In the ET1 do I have to quote which acts I think are being broken or just state that I believe I was discriminated against because etc

 

Would it be ok to post some of the points I'm raising, I'll make sure I don't put any personal details on

 

Thanks

 

Please do NOT add the Protected Disclosure bit to it.

 

You can't make a Protected Disclosure for your self.

 

Section 17 of the Enterprise and Regulatory Reform Act 2013 prohibits that.

 

Parkins v Sodexho [2002] IRLR 109 was a case where the loophole was exploited but it has now being blocked.

 

Stick to the Equality Act as you seem strong there.

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Hi just wondering if there is anyone who can explain this to me in layman's terms please,

I'm trying to fill in an ET1 form and I'm confused how to word things.

 

Brief background,

I work for local government

I made a complaint of sexual harassment and it was upheld.

 

 

Since then the powers that be have been trying to manage me out of my job in various ways some subtle others not.

I have documents relating to all the points I raise so would I reference these in my ET1?

 

In the Equality Act it mentions victimisation and detriment after making a protected disclosure.

 

 

Do I have to list each of the things that have happened to me as a separate detriment.

And do I have to physically state what the detriment was in each case

e.g. the detriment was me not having a job

or the detriment was the mental distress caused by the hostile working environment.

 

So would I put (there are quite a number of examples but I have just listed a few)

 

 

  • I made a complaint of sexual harassment and my manager asked me to resign because he said it was causing problems for him (meeting notes refer).
  • I made a complaint of sexual harassment and my manager wrote to the Occupational Health department to see if I was fit for my job because I have been off sick with disability related sickness (copy of email refers)
  • I made a complaint of sexual harassment and my manager omitted to issue any guidance to my department on how they should behave and as a result the harasser's friends have been ignoring me and making my working environment feel very hostile.

Or would I put it all together

 

  • My manager victimised me by subjecting me to a detriment namely to remove me from my employment and cause me mental distress because I made a protected disclosure of sexual harassment.

Does any of this make any sense? Any help would be much appreciated

Thanks in advance

 

Hi,

 

I would state mine like this;

 

1) After a complaint of Sexual Harassment which was upheld, my manager asked me to resign which is contrary to Section 27 of the Equality Act 2010. I was made to feel unwelcome and unappreciated after making a protected act under the Law.

 

 

2) After a complaint of Sexual Harassment which was upheld, my manager questioned my ability to perform my duties by writing to the Occupational Health dept. This only occurred after I have made a protected act under the Equality Act 2010. (please note if he had written to the OH dept in the past then you need to rephrase this)

 

3) After a complaint of Sexual Harassment which was upheld, my manager failed to issue guidance and/or advice to other members of the department hence I was subjected to a hostile working environment. This failure was, I believe, due to the fact that I made a protected act under the Equality Act 2010.

 

This is just a guidance as I'm NOT a legal expert.

 

I would list as much detriments as I can.

 

I currently have a claim before the Tribunal and the Respondent is desperately trying to limit the claim to that in the original ET1.

 

I made an amended ET1 almost immediately but they are trying to ignore it.

 

So I will advice put as much as you can.

 

The online form limits you to 2500 characters but you can attach another document detailing as much as you can.

 

All the best.

 

Please note the Respondent would be very brutal so you need to do a lot of research.

 

Get as much advice as you can.

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