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The discrimination and sexual harassment Claim would be out if I follow your statement

 

You could still put it and ask the Tribunal to accept as it would be just and equitable to do so

 

Although "Just and Equitable" has a low threshold but you still need to do some research

 

I need to do some research about it. I was concentrating on showing that all the events are continuous acts and are closely related and dependent on each other. Sexual harassment atmosphere has been encouraged, enabled and defended by the shop manager, who turned blind eye to her complains and then refused her assistance on racial and discriminatory grounds. Further company failing to conduct proper investigation - not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation, not making mandatory equality employee cources has continued with the enabling of the harassment for any future employees.

 

There is some very interesting case law, supporting my argument, will post it later, after I choose which ones to use.

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And for everyone's benefit and peace of mind I state again I also am of the strong belief that she needs lawyer. Due to time constraints I need to write the particulars of claim to best of my abilities today. After that we have consultation with a lawyer and in meantime I will fire the particulars of claim to the no win no fee solicitors and see if anyone will like the case.

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I need to do some research about it. I was concentrating on showing that all the events are continuous acts and are closely related and dependent on each other. Sexual harassment atmosphere has been encouraged, enabled and defended by the shop manager, who turned blind eye to her complains and then refused her assistance on racial and discriminatory grounds. Further company failing to conduct proper investigation - not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation, not making mandatory equality employee cources has continued with the enabling of the harassment for any future employees.

 

There is some very interesting case law, supporting my argument, will post it later, after I choose which ones to use.

 

I believe you are a person with reasonable intelligence.You have all the facts about the case.My job is just to point you in the direction of relevant case laws

I could also give you tips and suggestions.At the end of the day, you make your own decision.You are smart and intelligent enough.It would be arrogant of me to say you don't know what you are doing

 

In particular, when I don't have all the facts

 

Wish you all the best and feel free to ask any question

Edited by Andyorch
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My job is just to point you in the direction of relevant case laws

 

 

 

1) it’s not your job, it’s your hobby

2) has the OPs friend put in SEVEN ET claims and TEN grievances? Because that is what the case you are quoting is about. And do they also fancy the stress of months and months in court?


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 really appreciate your help. It is very difficult time for me too and it is good to know that you think I might be able to help. I cannot abandon my friend and say ''tough luck, you are on your own''. I thought this website is about the same too. I plead to the people participating in this thread to be civil to each other and if they can to contribute with advice. If they cannot help me I respect their decision, but please don't put extra pressure on me. I am doing my best, I ask you to do the same.

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i am trying to connect the incidents out of the 3 month period at the moment with the more current ones. About the argument of being ''just and equitable to do so'' is that enshrined in specific legislation or just in the spirit of the law ? Anyone can provide legislation or case law ? I am really short on time, have to finish in couple of hours time latest before we see the lawyer. i am hoping, if I make things easier for her, she will be more inclined to accept no win, no fee. Also will send the form to other no win , no fee law firms. Hopefully someone will respond, as ET1 has to be submitted tomorrow the latest.

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i am trying to connect the incidents out of the 3 month period at the moment with the more current ones. About the argument of being ''just and equitable to do so'' is that enshrined in specific legislation or just in the spirit of the law ? Anyone can provide legislation or case law ? I am really short on time, have to finish in couple of hours time latest before we see the lawyer. i am hoping, if I make things easier for her, she will be more inclined to accept no win, no fee. Also will send the form to other no win , no fee law firms. Hopefully someone will respond, as ET1 has to be submitted tomorrow the latest.

 

Just and Equitable is seen in section 123 of the EqA2010

 

https://www.legislation.gov.uk/ukpga/2010/15/section/123

 

There are a lot of case law relating to that.Just a little tip

 

Under the CPR 17, you don't need a Judge permission to amend your POC before it is served on the other side.The Employment Tribunal is more user-friendly

If after you put in your Claim and you feel you could do better, then you can amend it (provided it is within 2 weeks).Note, it becomes more difficult to amend after that.

 

Give it your best shot anyway, I believe if you are diligent you would do okay.My suggestion is that at the bottom of your POC, you state I reserve the right to amend this Claim

While in the true sense of the word, you may no longer have the right, it would give you some leeway before a lenient judge

I hope you understand that point.

 

Back to "Just and Equitable" Some of the factors the Judge takes into consideration are

 

1. Gravity of the Allegation ie how serious they are

2. How pleaded is your POC (most LIP score very low here so don't worry)

3. Your conduct so far

 

But like I said, you need to do loads of research.The knowledge you have personally is what is going to sail you over

The more diligent you are the more likely a Judge would sit up and take notice of you.Judges get a lot of rubbish LIPs (and lawyers also) But when he sees the effort you have taken then he would be more lenient even if you get one or two things wrong.

 

I will repeat myself to the point of being annoying; Do loads of Research!

 

Wish you all the best

Edited by Andyorch
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Simply perfect. These paragraphs will make it easy for me to even argue that continuous acts should be until the appeal of the grievance decision - with good luck. Without luck it should go to at least the final outburst of shop manager and even that way everything will be inside the 3 month period.

 

About stating that I reserve the right to amend this claim- this is very good tip. eventually if case is taken by a lawyer, they can amend it to their liking.

 

Your comments about LIP, I am aware of that and was hoping myself that the judges will look sympathetically and will be more lenient.

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My very best advice is not to quote case law you don't have a full understanding of because the judge will see it as timewasting.

 

Stick to the known facts. Keep it simple and focused. Don't ramble. Don't use law you are not sure of.

 

Because suggesting your case is just like case X when it is not, is just handing ammunition to opposing counsel to get it struck out at first read, with no hearing at all. Opposing counsel love to make you look stupid. Quoting incorrect facts is like loading their gun.

 

Stick to the knitting, There has been harassment. The internal processes have been followed by your friend in the hope of attaining justice and a good working relationship going forward. You believe the outcome to be unfair.


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My very best advice is not to quote case law you don't have a full understanding of because the judge will see it as timewasting.

 

Stick to the known facts. Keep it simple and focused. Don't ramble. Don't use law you are not sure of.

 

Because suggesting your case is just like case X when it is not, is just handing ammunition to opposing counsel to get it struck out at first read, with no hearing at all. Opposing counsel love to make you look stupid. Quoting incorrect facts is like loading their gun.

 

Stick to the knitting, There has been harassment. The internal processes have been followed by your friend in the hope of attaining justice and a good working relationship going forward. You believe the outcome to be unfair.

 

Good advice, will take it to heart, thank you

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Good advice, will take it to heart, thank you

 

I hope you do get a no win no fee offer because that's usually a decent sign you may have a case. Keep us posted!


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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My very best advice is not to quote case law you don't have a full understanding of because the judge will see it as timewasting.

 

Stick to the known facts. Keep it simple and focused. Don't ramble. Don't use law you are not sure of.

 

Because suggesting your case is just like case X when it is not, is just handing ammunition to opposing counsel to get it struck out at first read, with no hearing at all. Opposing counsel love to make you look stupid. Quoting incorrect facts is like loading their gun.

 

Stick to the knitting, There has been harassment. The internal processes have been followed by your friend in the hope of attaining justice and a good working relationship going forward. You believe the outcome to be unfair.

 

 

I must admit, well stated!

 

I couldn't have said it better. Well done

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Simply perfect. These paragraphs will make it easy for me to even argue that continuous acts should be until the appeal of the grievance decision - with good luck. Without luck it should go to at least the final outburst of shop manager and even that way everything will be inside the 3 month period.

 

About stating that I reserve the right to amend this claim- this is very good tip. eventually if case is taken by a lawyer, they can amend it to their liking.

 

Your comments about LIP, I am aware of that and was hoping myself that the judges will look sympathetically and will be more lenient.

 

You are making a classic human mistake here.You are looking at your weak point.No! you don't do that!You have a strong victimization claim

 

CCTV images were not obtained!

Screenshots were not considered!

 

You put your best foot forward.You state your victimization claim strongly.Then point out to the Judge that your friend tried to do the right thing by following the internal procedure.Point out that if your friend had come straight to the Tribunal she wouldn't have been out of time with her harassment and discrimination Claim

 

She did the right thing hence it will be Just and Equitable to extend time. I repeat myself; put your best foot forward.

Just thinking of this case makes me angry;Your friend's child was ill, rather than allay her fears, her colleague increased it by saying "your daughter could be pregnant"!

How can any reasonable person say that it was in good intentions!

 

I will say this a thousand times; Do your Research!

Edited by Andyorch
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Also, if there is any screenshot of jokes made AFTER your friend had put in her grievance then you can exhibit that as evidence of a continuous state of affair.

 

In order words, a continuing act.Note that the online form accepts only 2500 characters (and a further 2500).However, you could attach another document

 

It has to be in Notepad or Wordpad. The website doesn't accept MsWord yet.Put as much as you can in the online form though as that is what the Judge would look at

He, most likely, wouldn't read the attachment initially.I know I will now annoy you but I will still repeat myself; do loads of research!

 

Wish you all the best

Edited by Andyorch
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Dondada, would it be possible to tell us how many tribunal cases you've been involved in please?

 

HB


Illegitimi non carborundum

 

 

 

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thanks for the input everyone. Just some updates. It took me much longer, than I expected. I have been doing research and working on the Particulars of Claim for the last 24 hours with little sleep. So couldn't go to consult with the solicitor today. I will have to do it tomorrow morning. Meanwhile I will be sending emails to no win no fee companies tonight. I am almost done with the PC.

But 2 things -

1. due to case being complicated and involving lots of facts PC is 6 pages long. I was thinking of just making very very brief description in the box 8.2 of the court form, then follow with statement that details are in the attached file - is that right approach ?

 

2. Not sure, if I have made all and the right claims and involved the correct and all the relevant legislation in the light of the facts of the case. This is my conclusion at the end of PC, please have a look . Please note that this is not the final version and there will be final edit and also this is the part where I was sleep deprived ... Words in italics and underlined are not part of the PC, just for pinpointing something for the forum's use

 

 

'' 21. The events described in paragraph 2-8 and 12 the sexual harassment instances happened during a period of few months before I was moved out of the company shop at (address of shop) due to raising formal grievance. It is very difficult for me to pinpoint exact dates, as they were frequent and I haven’t been taking notes . However, they are part of a constant campaign and are interconnected and lead to all the later, more recent events, part of my claim. Based on that, I am asking the court to take them into account as continuing acts or give me the opportunity to argue that I am able to do so during the court process, as this would be just and equitable as under the Equality Act 2010 . I have used all my legal options - informal complaints, raised formal grieving, used ACAS early conciliation, appealed to grieving procedure and waited for results of appeal. I submit my claim in a very short time after I have received the results of the formal grievances appeal process, although I am self representing myself. In light of the legislation and relevant law precedents I believe I shouldn’t be punished for exhausting all my options for resolving the issues with the company

 

 

22. The events described in paragraphs 2-11 amount to sexual harassment, with paragraph 12 is encouraging and leading a customer to instigate sexual harassment as well. This is covered in the Equality act 2010

 

23. Events in paragraph 14 amount to harassment and victimisation (the verbal attack of the shop manager where she was shouting and screaming to the claimant in front of customers '' , while 14.4 amounts also to racial discrimination ( the part where she says her complains are overreaction and if she was born in UK she would find all these normal and laugh them off ) , both covered under the Equality act 2010

 

24. Failure of (name of company) to conduct proper investigation as described in paragraphs 17-20- not investigating many of my complaints, not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation in appropriate and sufficient manner etc. has led to awarding accused employees with impunity for their unprofessional and unlawful behaviour and amounts to failure to remedy the situation for me in just and fair manner. Therefore I believe it constitutes of victimisation, as covered in the Equality act 2010 .

 

25. The point raised in paragraph 24 has created a situation where the company is excusing itself from implementing measures to avoid repeating the same breaches of the law by its employees at the shop in question or any of its other shops. There could have been appropriate disciplinary actions, mandatory racial and harassment awareness courses to protect any future new employees of the shop in question

 

25. Being litigant in person and due to the short time I had to prepare my case, I respectfully reserve the right to amend this claim in accordance with court rules''

End of PC

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Please disregard my previous comment, as I just edited the paragraphs in question. The updated version is the following :

'' 21. The events described in paragraph 2-8 and 12 (earlier sexual harassment instances) happened during a period of few months before I was moved out of the company shop at .......... due to raising formal grievance. It is very difficult for me to pinpoint exact dates, as they were frequent and I haven’t been taking notes in the belief that this situation will improve. However, they are part of a constant campaign and are closely connected and lead to each other and all the later, more recent events, part of my claim. Based on that, I am asking the court to take them and any other events, which might not be into the usual 3 month period into account as continuing acts or give me the opportunity to argue that I am able to do so during the court process. I am claiming this, as this would be just and equitable as under the Equality Act 2010 . I have used all my legal options - informal complaints, raised formal grieving, used ACAS early conciliation, appealed to grieving procedure and waited for results of appeal. I submit my claim in a very short time after I have received the results of the formal grievances appeal process, although I am self representing myself. In light of the legislation and relevant law practice I believe I shouldn’t be punished for exhausting all my options for resolving the issues with the company

 

(paragraphs 22-27 below are the conclusions I derive from the final incident with the shop manager. The event in question is this :

 

14. On 06 March 2018 I was verbally attacked by shop manager name .

 

14.1 She was shouting and screaming at me in front of the shop customers for at least half an hour, until I broke down in tears and retreated to the staff kitchen. After that she followed me there and continued with the harassment. This was very degrading, humiliating and scary experience.

 

14.2 The reason for this attack was that she was informed by staff member name that I shared my disappointment with him for not being informed by her about changes of my Saturday shift. I was simply told to go home early on that day without prior warning.

 

14.3 During that ordeal I asked her why she is shouting and if the Saturday shift was the only reason for that. To which she replied in the sense that it was a build up and that I am always complaining. Upon asking her what I complain so much about she replied that it was my complaints about the behaviour of my colleagues (note : the sexual harassment instances) . She said that I make her deal with them personally, instead of dealing with them myself. She said I have a day off and coming next day to work I have to deal with your complaints. Then I asked if she has dealt with any of those complaints to which she replied ‘’ I don’t have to tell you about shop staff name . It’s been dealt with ‘’ No reply about my other complains involving other shop staff.

 

14.4 Then she added that ‘’ They are forced to behave differently around you, that is their best behaviour. We have so much fun, jokes and laugh, when you are not around’’. She also said that all those were jokes and if it happened to her or another woman they would laugh them off. She said that my reaction is probably caused by me growing up in a different country.

 

14.5 During this verbal attack she also offered me to be moved to another shop. Later she admitted it was so her friend name of friend who is working in other shop of the company in the area can come to work instead of me.

 

)

22. The events described in paragraphs 2-11 amount to sexual harassment, with paragraph 12 is encouraging and leading a customer to instigate sexual harassment as well. This is covered in the Equality Act 2010

 

23.I believe events in general in paragraph 14 constitute harassment by the shop manager [name]

 

24. Paragraph 14 amounts to victimisation as well, as it was obvious from the paragraph that my complaints were not acted upon in appropriate manner/not acted upon at all by the same manager.

 

25. Paragraph 14.4 amounts also to racial discrimination as me being born in another country is used as an excuse to invalidate my complaints and not act accordingly upon them.

 

26. Paragraph 14.4 points to sex discrimination as well, because it is implied by the shop manager [name] that specific gender ( females) shouldn’t be offended by the events in question and would just laugh them off. No gender should be subject to this treatment

 

27. The claims made in paragraphs 22-26 are all covered by the Equality Act 2010

 

28. Failure of company to conduct proper investigation as described in paragraphs 17-20- not investigating many of my complaints, not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation in appropriate and sufficient manner etc. has led to awarding accused employees with impunity for their unprofessional and unlawful behaviour and amounts to failure to remedy the situation for me in just and fair manner. Therefore I believe it constitutes to victimisation, as covered in the Equality Act 2010 .

 

29. The point raised in paragraph 24 has created a situation where the company is excusing itself from implementing measures to avoid repeating the same breaches of the law by its employees at the shop in question or any of its other shops. There could have been appropriate disciplinary actions, mandatory racial and harassment awareness courses to protect any future new employees of the shop in question

 

30. Being litigant in person and due to the short time I had to prepare my case, I respectfully reserve the right to amend this claim in accordance with court rules

 

''

Edited by honeybee13
Manager's name removed.

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I am also going to include in the remedy a request for court to give her permission to ignore any potential confidentiality clauses so she can raise public awareness of failing of company in the case. This is to ensure company is encouraged further to take appropriate measures for safeguarding its employees and customers. I can argue this is in the public interest to do so.

 

I don't know if I she is allowed to do so. But if she has the legal opportunity to ask for such a remedy, it will encourage the company to be very reasonable in dealing with her case. It is very large company ... :-D

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I've removed a couple of names from your document. Thank you to Emmzzi for spotting that. :)

 

 

HB


Illegitimi non carborundum

 

 

 

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I've removed a couple of names from your document. Thank you to Emmzzi for spotting that. :)

 

 

HB

 

Thank you

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Please disregard my previous comment, as I just edited the paragraphs in question. The updated version is the following :

''

 

27. The claims made in paragraphs 22-26 are all covered by the Equality Act 2010

 

28. Failure of company to conduct proper investigation as described in paragraphs 17-20- not investigating many of my complaints, not obtaining key evidence, not taking into account key evidence, not cross referencing employees, not acting upon key findings of the investigation in appropriate and sufficient manner etc. has led to awarding accused employees with impunity for their unprofessional and unlawful behaviour and amounts to failure to remedy the situation for me in just and fair manner. Therefore I believe it constitutes to victimisation, as covered in the Equality Act 2010 .

29. The point raised in paragraph 24 has created a situation where the company is excusing itself from implementing measures to avoid repeating the same breaches of the law by its employees at the shop in question or any of its other shops. There could have been appropriate disciplinary actions, mandatory racial and harassment awareness courses to protect any future new employees of the shop in question

 

30. Being litigant in person and due to the short time I had to prepare my case, I respectfully reserve the right to amend this claim in accordance with court rules

 

''

 

 

 

Well done!

 

 

Two points though

 

 

You mentioned the Equality Act but failed to state the relevant section of the Act

 

 

So para 28 should have mentioned Section 27 of the Equality Act 2010

 

 

The shorter version would have been s27 of EqA2010

 

 

The other side would try and say your claim is poorly pleaded because of that

 

 

However, they would be wrong

 

 

There is a legal principle called "Lura Novit Curia"

 

 

Which means "The Court knows the Law" so don't worry about that.

 

 

Finally, you ought to have stated your case in a Chronological manner

 

 

You start with the first event and end with the last

 

 

You don't include your opinions (para 22 - 26)

 

 

The other side would try and seize on this but don't worry about it as the average Judge is lenient

 

 

For, what I have seen, I don't think there is a need to rush to amend your Claim

 

 

Just get the amendment ready before the Preliminary Hearing though

 

 

A poorly pleaded Claim is NOT grounds for Strike Out (para 29 of Thompson v London Central Bus Company Ltd UKEAT/0108/15/DM)

 

 

However, if you wish to put your mind at rest then you could make an amendment. (you are in best position to make a decision)

 

 

I love your paragraph 30

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Thank you again dondada. I didnt specify exact paragraphs, as to avoid basing her claim on wrong ones by accident.

 

I will amend and change it from stating opinion to claiming facts.

 

Another thing - claimant thinks it is way too long - it is about 3500 words ... She is worried judge will get bored and decide to not give go ahead of the claim for that reason. I tried to tell her, that it is very unlikely.She wants me to shorten it up last minute. I hope I am the one, who is right here. .

 

But on one of her reasons for shortening it up, she is mostly right. There are claims for which she won't have realistic chances of prove -and which I have included in the PC- for example one of the claims is of pornographic figures made out of blue tack and left at work counter, but all staff deny ever seeing anything like that. We are in the process of finding one of the customers, as he witnessed the harassment and verbal abuse from the shop manager. He might have seen the blue tack figures as well, but it is a long shot in the dark.

BUt on the other side it is part of the story and it shows the general atmosphere st the shop, connects with other things etc. I genuinely don't know what to do - just mention them briefly as background story or still leave them as one of the claims she is basing her case on.

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Also realised that in the explanatory notes it says ''give details'' of ''any evidence it has''. This will raise the total word count to probably 4500 - 5000 words, as the investigation and appeal process has been done in a very messy way by the company, multiple failures on different stages, also contradictory statements etc. Is that word count still ok ?

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Thank you again dondada. I didnt specify exact paragraphs, as to avoid basing her claim on wrong ones by accident.

 

I will amend and change it from stating opinion to claiming facts.

 

Another thing - claimant thinks it is way too long - it is about 3500 words ... She is worried judge will get bored and decide to not give go ahead of the claim for that reason. I tried to tell her, that it is very unlikely.She wants me to shorten it up last minute. I hope I am the one, who is right here. .

 

But on one of her reasons for shortening it up, she is mostly right. There are claims for which she won't have realistic chances of prove -and which I have included in the PC- for example one of the claims is of pornographic figures made out of blue tack and left at work counter, but all staff deny ever seeing anything like that. We are in the process of finding one of the customers, as he witnessed the harassment and verbal abuse from the shop manager. He might have seen the blue tack figures as well, but it is a long shot in the dark.

BUt on the other side it is part of the story and it shows the general atmosphere st the shop, connects with other things etc. I genuinely don't know what to do - just mention them briefly as background story or still leave them as one of the claims she is basing her case on.

 

 

I thought you should have sent it by now

 

 

Please watch the dates so that you submit it in time

 

 

Anything she is not comfortable with, I would suggest you take it out

 

 

Why?

 

 

If she is uncomfortable with it now, the other side's lawyer might detect the hesitation during cross-examination

 

 

The lawyer might then dwell on it to damage her credibility

 

 

Finally, read this website http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf

 

 

It gives good tips

 

 

I particularly like the one of schedule of discrimination

 

 

Try and list your own Schedule of Discrimination

 

 

Remember what I said earlier; your Victimization Claim is your strongest case.

 

 

I would suggest you highlight it strongly

 

 

The other side would focus on your weak side

 

 

I know you are angry about the sexual harassment and would like to highlight it

 

 

But you play your strongest player in crucial games

 

 

Your Victimization Claim is far your strongest player and I would suggest you play it greatly

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I thought you should have sent it by now

 

We did send it on Monday, that was literally the last day, 29th day after the ACAS certificate. It took me much longer than I expected, as there was many details and company had lots of wrong doing. Her grievance complain was pages long, full with events, appeal was again few pages long full with flaws of the investigation. Then the appeal's decision came and it was 5-6 pages long. So when I was writing the PC I was cross referencing everything and then double checking with her. And she wasn't happy with it, so had to rework some parts. Anyway at the end I had to rush it and it definitely has flaws, but it came to 4500 words and we were out of time and I was exhausted, so I called it a day. May be I shouldn't have included many of the incidents, as there was no proof for them, but felt bad leaving them out and you never know, may be we will stumble upon some proof in meantime - we are looking for one of the customers who witnessed the manager screaming at her. So if we can prove they have lied for some of the things, then for other things for which we don't have solid evidence will be accepted on the principle of probabilities

 

Please watch the dates so that you submit it in time

 

I am fairly sure it is all good. It was the 29th day after she received the ACAS certificate. Also I claimed the continuing events in PC, as they are closely connected to each other and the following victimisation, as you have advised me. Unfortunately this was one of the things I didn't calculate myself, we just relied o legal advice she took after she started the grievance process. So after I did the calculations myself I realised she has lost about month and half, as she started the ACAS process way too early. Partly because the lawyer told her too early date ( she probably did miscalculate the dates, as it was brief 30 min appointment with lots of things to read ) and partly because my friend was anxious.

 

 

Anything she is not comfortable with, I would suggest you take it out

 

 

Why?

 

 

If she is uncomfortable with it now, the other side's lawyer might detect the hesitation during cross-examination

 

 

The lawyer might then dwell on it to damage her credibility

 

I completely agree. I encouraged her to put only the truth and was cross referencing everything, careful with every word I put , as anyway the company lawyers will make everything possible to catch inaccuracies to discredit her and there are lots of events and details. That worked so far in our advantage - her ex colleagues have made mistakes in their statements and company made mistakes too- this makes me excited to read the actual investigation's notes.

Also I imagine the company's lawyers have better things to do than lose couple of weeks over small case. This would encourage them hopefully to settle early ...

 

Her unhappiness was because she thought it was too long and was afraid that the judge might not read it and just not allow it to proceed ...

 

Finally, read this website http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf

 

 

It gives good tips

 

 

I particularly like the one of schedule of discrimination

 

 

Try and list your own Schedule of Discrimination

 

I tried the link. It doesn't work and gives me 404 error

 

 

Remember what I said earlier; your Victimization Claim is your strongest case.

 

 

I would suggest you highlight it strongly

 

 

The other side would focus on your weak side

 

 

I know you are angry about the sexual harassment and would like to highlight it

 

 

But you play your strongest player in crucial games

 

 

Your Victimization Claim is far your strongest player and I would suggest you play it greatly

 

I would do that. You are right, I concentrated on the harassment bit. But over time I find more evidence for the wrongdoings of the company. Investigation has been charade. Few days ago we realised that the person who took her interview after she submitted her grievance complain did so the same day my friend texted her asking fo r information about the investigation. She literally popped in announced the same day at her new work place and invited her to the back room to conduct the interview. She didn't inform her that she can bring work colleague or union representative.

She still has the text message and we made a screenshot.

 

Then about 6 weeks later the person conducting the investigation popped in as well ( also announced and also not telling her she can bring a colleague) to tell her about the outcome. He claimed her colleagues were disciplined, but after my friend asked him for more details, it turned out they haven't been... After she asked for written outcome she received the outcome letter about a week later. Together with another letter claiming she didn't receive the first letter, so he is sending her the same outcome letter for the second time ...

 

According to company rules she had to be informed about the stages of the investigation. She wasn't informed anything, despite asking for information - we have the email and text message.

 

She asked for reduced hours contract due to the stress from all that is going on. Firstly they ignored her email, month later then agreed, but it still took them another month and half to implement the new contract. So although she signed and send the reduced hours contract a month ago, she is still working full time for another week or so. [/b]

 

 

So that is all for now. Waiting now for the court to respond. Will use this time to rest. Meanwhile I called about 5 no win no fee solicitors, but they didn't even bother to call back. Basically all their receptionists asked was her salary and how long she worked - she doesnt earn much and has been less than 2 years with the company, so her claim is not to their liking, as it will involve work for small reward ...

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