Protected characteristics, and suspended from work, unfairly treated - now ET Claim

[Emmzzi]

59 minutes ago, Bazooka Boo said:

I made a complaint against the employer of discrimination due to disability, because they were only disciplining me and not the other employee who had said what I repeated.

 

So there being two of you making potentially offensive remarks is new - I only saw one in the original post, that being you. 

 

 

[Bazooka Boo]

I repeated what my colleague had said about another employee, only now are they being disciplined after I had raised the discrimination claim against them.

This is mitigation on their part, but as I have now highlighted to them by raising further grievances, it appears that discrimination is systemic within the workplace, While they write a good E&D policy, management appears to not follow it themselves.

ACAS now have the figure I'm looking for, theirs in the next move.

[Emmzzi]

Is this a separate incident to 

"A couple of weeks ago, I made a remark to another employee, which they took offence to and reported it to my supervisors some time later."

[Bazooka Boo]

No it's the same one.

 

[Emmzzi]

Ok. I'm finding it really difficult to follow the chain of events. 

[honeybee13]

I'm not following either; sadly.

Emmzzi, do you think a short timeline would help, just bullet points?

HB

[Emmzzi]

It would help me; but I also can't see any questions, so it might not be a great use of Boo's time.

[Bazooka Boo]

OK I'll try and summarise....

Was at work, and a colleague said something to me regarding another employee, I then repeated this comment to the employee, who then went on to make a complaint about it.

I was dragged in for an interview regarding this comment I repeated, the statement went off to HR.

HR and the manager dragged me in for a second interview where I was suspended on full pay waiting for a disciplinary hearing

I then went to my GP who signed me off for four weeks, disciplinary was delayed until I was fit enough to attend the hearing.

In the meantime, it transpires that I am the only one having disciplinary action taken against me, I raised a discrimination claim against the employer via ACAS due to disability.

Various emails were sent between the manager of HR and I, and a further Occ health appointment.

A new date was set, and the day before the hearing, I received an updated copy of the disciplinary, which contained the new statement of my colleague who was now subject to a disciplinary.

Informed them I would not be attending due to the new evidence and having no time to prepare.

Lodged further grievances against two employees, disciplinary is now on hold pending a meeting to discuss the two grievances.

 

[Bazooka Boo]

This has moved on somewhat.

Completed the ACAS early conciliation process, the employer declined and failed to make any counter remedy, so I am in the process of completing an ET1 form.

I'm waiting for my house insurance legal advice to get back to me, hopefully they can offer some advice and point me in the right direction as to exactly what it is I should be claiming for, plus advise me if I should go for constructive dismissal too.

Other than sending them a DSAR, as they have stopped communicating with me now?

I have gathered the relevant EA sections I feel they have broken, is there anything else I need to do?

Also, on the ET1 form how much information do they require in the claim? Do I start from the day I was employed, the day of the 'incident', and their behaviour during and after, up until today?

I've started typing it out and will upload it in their required format, but it will be lengthy, even just sticking to the facts, it's pretty hard trying to impress upon them the devastating consequences their behaviour has had.

Any advice will be greatly received,  

[Emmzzi]

Missing bits again...

 

You have jumped from raising a grievance to ACAS  - what happened internally with your grievances?

What is the Complaint you are preparing an ET1 for?

What do you hope it will achieve?

Is your disciplinary still on hold?

Are you still suspended?

Are you still signed off work?

[Bazooka Boo]

The early conciliation process with ACAS has been completed, the respondent declined to remedy the complaint and offered no other remedy.

The disciplinary was put on hold whilst the grievances were heard, however, as the grievance meeting was post the cut of date to raise an ET claim, they were informed that the two individuals I have the grievance against would be added to the claim I would be making against the employer.

I am still suspended on full pay, and I have not been signed off work since.

The complaint is for disability discrimination and victimisation.

Quote

Also, on the ET1 form how much information do they require in the claim? Do I start from the day I was employed, the day of the 'incident', and their behaviour during and after, up until today?

I've started typing it out and will upload it in their required format, but it will be lengthy, even just sticking to the facts, it's pretty hard trying to impress upon them the devastating consequences their behaviour has had.

Any advice will be greatly received,  

I appreciate that it appears there are gaps, however I'm simply posing questions for answers I don't know, if I were to post the entire history from last September until now, and divulge all the information the post would be 40 pages long.

 

[Emmzzi]

Then my advice is to wait for your legal support who you can tell the whole story to. I can't in good faith give advice on incomplete data.

 

[Bazooka Boo]

What 'data' are you after?

I'm simply asking how much information is required on the ET1 form.

Do they need to know when my probation period ended and full contract started, who said what to whom and when, and locations of members of staff with timings etc.

Or is it simply a chronological timeline of events with names and dates?

[Bazooka Boo]

Is there an up to date LiP rates anywhere please?

[Bazooka Boo]

Both Unite and House Insurance say they are unable to take the case on as I took out the membership and legal cover post the incident date.

I'll be going it alone at the minute.

I need to get the claim in before the 6th of February so I will be getting the relevant sections of legislation together that they have broken, with previous tribunal cases.

So far I have disability discrimination and victimisation. And I might be able to throw in intimidation too for their flippant comment that should I take legal action against them it will likely fail.

The latest twist to this sad saga is that the two 'fact-finding' meetings that were carried out, which were disciplinary meetings, have now been withdrawn from the disciplinary bundle as they admit to failing to follow the Equality Act, they obviously haven't written that down on paper, BUT they admit that the 'reasonable adjustments' they have now put in place, should have been in place from the start when they first ambushed me in their 'fact-finding' meetings.

The grievances I put in have been decided on, and there is no case to answer, so I am waiting for a date for the level 2 stage of their grievance policy.

And the disciplinary hearing I have informed them that they can hold that in my absence and send me their decision.

Am I right in thinking that the POC I need to enter are simply, the date the event took place, the name of the individual/s involved and what legislation they broke, with a brief statement as to why?

 

 

 

[Emmzzi]

2 ticks, I will find a template/ example...

 

Edited January 27 by Emmzzi

[Emmzzi]

Writing the tribunal claim (ET1) - Working Families

WORKINGFAMILIES.ORG.UK

---

Information on drafting the ET1 form for an employment tribunal.

 

The examples here are not an exact match for your case but will give you an idea of the format/ layout.

You will see it is important to be clear about what happened when, an the sequence of events.

[Bazooka Boo]

Brilliant thank you!

I'll be drafting the claim up over the next few days.

 

[whitelist]

What Provision Criterion or practice have you identified?

 

If I can be blunt, disciplinary matters with other employees are not your concern as they are confidential.

[Bazooka Boo]

The disciplinary matter with the other employee is my concern, especially as they said it, I repeated it, and they 'were' only disciplining me, until I put the discrimination complaint in.

The PCP I've identified is the disciplinary policy.

[Bazooka Boo]

The ET1 went in last week, what is the rough sort of timescale for the tribunal? October?

[unclebulgaria67]

Depends on the Court allocated.

In some areas, it is taking at least 9 months. 

[Bazooka Boo]

I've received the Acknowledgement of claim from the ET with the notice of the preliminary hearing by video in June.

 

Are the questions they ask in the 'Agenda for case management at prelim hearing', specific to the case or are they simply standard questions they ask of all cases?

 

[Bazooka Boo]

You can close this thread thank you, no-ones interested.

[Bazooka Boo]

Had the Sols for the respondents to my ET claim come back and state that I am outside of the statutory time limit to raise a discrimination claim as the claim wasn't received by the ET until the 31st Jan this year.

I am confident that I am within the time limit (3 months).

Is this a common bluff they try to use to throw you off?

Otherwise why would the tribunal say that they have accepted the claim?

Edited March 30 by Bazooka Boo