ET1 form for starting an Employment Tribunal Claim

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ET 1 Form

What it is an ET 1 Form?

An ET 1 Form is used by an employee after his or her employment has been terminated to file a claim in the Employment Tribunal. It starts the tribunal proceedings in employment-related disputes.

How to present the form?

You need to complete an ET 1 Form and present it to the local office of the tribunal (which office is local depends where your former place of work was located). The forms can be downloaded from the tribunals’ website and delivered in person, by post (it is the time of its arrival at the office not the time of posting it that counts for the time limit), fax or email.

What information does it require?

The form is relatively straightforward but quite detailed and requires the following information:

  • Claimant’s (person bringing the claim) details: name and address
  • Respondent’s (person who the claim is directed at: the employer, public body or trade union) details: name and address
  • Details of the claimant’s employment (such as start and finish date)
  • Details of claimant’s earnings and benefits (number of hours worked a week, basic pay details, any deductions as well as any benefits received: health insurance, company car etc.)
  • Grounds of complaint (unfair dismissal, breach of contract, discrimination on the grounds of sex, race, sexual orientation, religion, belief, age or disability etc.)
  • Remedy the claimant is asking for (this item is optional if the claimant is unsure as to what he or she would like to receive)

The remedies include:

  • Compensation
  • Re-instatement (Giving an employee their previous position back) or
  • Re-engagement (Getting another position with the same employer).

Time limits to bring the claim

The form needs to be presented to the employment tribunal within strict time limits; if they are exceeded and the claim is late the tribunal does not have a duty to consider it. In certain circumstances the tribunal will consider the reasons why the claim was late and may grant an extension.

The time limits are shorter than for bringing a claim to the court (usually 6 years). Normally the claim needs to be brought within 3 months from the end of employment or the last time the issue complained of happened. If ‘reasonably practicable’ the tribunal can grant a longer time to bring the claim. The 3 months limit applies to claims for unfair dismissal, discrimination and breach of contract.

Claims for redundancy payments and equal pay have got a longer time limit of 6 months counted from the termination of the employment. (Note that equal pay claim can be brought whilst employed). If the claim is late the tribunal might consider it in restricted circumstances relating to the reasons why the claim was late.

What happens next?

Accepting the form

After submitting the form to the employment tribunal it will be examined by the office of the tribunal to determine if it can be accepted. If the office does not consider that the form should be accepted it must refer it to the employment judge (a member of the employment tribunal’s panel who is a qualified solicitor or barrister with at least 7 years of legal experience) to make the final decision. The grounds to refuse the form are as follows:

  • It is not made on the right form (ET 1 Form being the correct one)
  • It does not include relevant information (such as the reasons to bring the claim)
  • The tribunal has no jurisdiction to consider the matter

If the form is accepted a copy of it will be sent to the respondent to consider and reply to it. The claimant will receive a letter confirming the acceptance of his or her form and a booklet explaining the next stages of the process.

Response

The respondent has to respond within 28 days from receiving the copy of ET 1 form by completing an ET 3 form. If the respondent does not present the response within the 28 days and does not apply for extension of time, they risk a judgment in default being given against them.

Implied terms in employment contracts

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Implied terms of employment contract

What are the implied terms?

Implied terms are terms which may not be written in the employment contract but are either understood by both the employer and the employee to exist or which are implied by law.

Many employment contracts will cover the obvious implied terms in any event but it is still worthwhile being aware of how an Employment Tribunal or court may look at a situation. It is also important to recognise that the terms of an employment contract may be interfered with by a Tribunal or court to imply that certain terms of that contract are unfair or that the day to day reality was different from the contract. This is another way in which implied terms impacts on employment law.

The most well known and important implied term in every contract of employment is that of mutual trust and confidence between employer and employee. Without this an employment relationship cannot work and this is a matter of common sense really. If an employee steals from an employer this of course must destroy trust and confidence just as if an employer fails to pay the employee.

 Their existence is important in order for the employment contract to work.

Employer implied terms

  • Duty to pay the employee for his or her work
  • Duty to provide work for the employee
  • Duty to take reasonable care of the employee’s health and safety as well as their physical and mental health (this includes providing a safe work environment)
  • Duty to take a reasonable care in giving references: the reference (if provided) should be fair and accurate although the employer is under no obligation to provide references

Employee implied terms

  • Duty to personally perform the work (as opposed to sending someone else)
  • Duty to work with reasonable care and skill and to devote time and attention to perform the tasks given by the employer
  • Duty of good faith and duty not to act against the employer (such as setting up a competing business or disclosing confidential information)
  • Duty to obey reasonable and lawful orders or instructions which are within the scope of his or her contract

There is also a mutual duty of trust and confidence between the employer and the employee, which is an essential part of the employment contract.

Where do the implied terms come from?

The terms can be implied by:

The law in a statutory provision

Practice or past conduct at the workplace or within the industry (such as giving employees a Christmas bonus)

Obviousness: terms are so obvious that they do not need spelling them out, such as provision that an employee will not steal from his employer

‘Business efficacy’: the terms are implied in order to make the employment contract workable: such as that a driver must hold a valid driving licence

What is the difference between implied and express terms?

Express terms are agreed with the employer and written into the contract of employment or any other form of correspondence (letters or emails exchanged before starting the employment, job advertisement, staff handbook). They can include a wide range of issues such as the amount of holiday, salary, sick pay scheme, place of work, contract term etc.

Breach of implied terms

If either side does not follow the implied terms they are in a breach of contract. The consequences of a breach of implied terms are the same as for a breach of express terms and depend on the seriousness of a breach.

An employee can claim damages or use the breach to justify a constructive dismissal (which occurs when an employee resigns from his employment because the employer’s behaviour has left the employee no other choice).

From the employers’ point of view, they might use the breach of implied terms to instigate a disciplinary action or, in the case of breach of confidentiality, obtain an injunction preventing the employee from using the confidential information and to avoid further breaches.

How to proceed if an employer is in breach?

The first step would be to speak to the employer informally and try to resolve the matter peacefully. The other steps include:

  • Grievance procedure: depending on the seriousness of the breach (such as if the employer failed to pay the employee’s wages) the employee should raise a grievance procedure against the employer or if the matter is appropriate to try mediation.
  • Employment Tribunal: an employee can decide to take a legal action and bring the matter into the Employment Tribunal after the employment has ended.
  • Civil courts: if an employee is still employed and wants to bring a claim he or she will have to do it through the small claims track.

What can happen if you are in breach?

As with a breach of contract by an employer the first step should be to try to settle the matter between the employer and the employee informally or using mediation. If the employer suffers financial loss caused by the employee’s behaviour they can claim damages. The employer can bring a claim against the employee to the county court.

If you are an employer or employee and are concerned about implied terms or how to interpret the employment contract based on a change of circumstances we can advise. We can also draft contracts of employment for employers to minimise the risk of terms being implied into tge contract by a Tribunal or court which are unhelpful to you as employer. Get in touch fior a free initial discussion as to how e can assist,.

Redundancy Rights

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It is important that employers and employees seek advice before undertaking a redundancy process. There are various redundancy rights and obligations imposed upon employers prior to undertaking a redundancy.

They will need to comply with provisions in the Employment Rights 1996 which state that, amongst other things, an employer needs to undertake the following:

  • Identify an appropriate pool for selection;
  • Consult with individuals in the pool;
  • Apply objective selection criteria;
  • Consider suitable alternatives to redundancy.

In addition, if there are 20 or more employees being made redundant over a period of 90 days or less, an employer has a duty to consider the obligations under the Trade Union and Labour relations (Consolidation) Acts 1992. Advice should be sought specifically in this regard.

Essentially an employer must ensure that they go through the correct procedures and that they adopt a fair and objective procedure. If following that process employees are to be made redundant then they will be entitled, as a minimum, to statutory redundancy pay. It may be contractually that they are entitled to enhanced redundancy payments and/or that the company operates an enhanced package. If that is the case, then advice should also be sought when applying it.

Before proceeding, an employer must establish that there is a genuine redundancy reason which generally means work place closure, business closure or reduction of workforce. It is important to identify those employees who are at a risk and then establish the correct pool. Thereafter, employees should be scored based on selection criteria. Those criteria should be established in consultation.

It is also good practice if employees are to receive an enhanced redundancy package to request a signed compromise agreement if there are issues in relation to their employment. A compromise agreement will prevent any claims at a later date and ensure that any payments are properly documented.

Alternatives to redundancy which should be considered include reducing hours, reducing salary, job sharing and/or temporary stoppages such as sabbaticals or unpaid leave. Employees will always be reluctant to take a pay cut, but it may be a viable option as opposed to redundancy. Any pay reduction must be agreed in writing.

The key for any company is to adopt a fair procedure and consult properly with all employees involved. Provided they do so they are likely to avoid issues at a later date which include disgruntled employees and potential unfair dismissal claims. The most common claims in relation to redundancy relate to failure to inform and consult and/or adopt a fair/objective procedure. This can include using redundancy at a means to dismiss employee that no longer fits in and/or making a pre-determined decision as to who should be made redundant without undergoing the proper requirements. Seeking advice at an early stage can prevent significant time and expense post termination.

The Equality Act 2010

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THE EQUALITY ACT 2010: WHAT RIGHTS DOES IT GIVE YOU?

The Equality Act 2010 is legislation which aims to tackle certain types of discrimination. There are nine protected characteristics which are incorporated into the Equality Act 2010. This Act makes it illegal to discriminate against or disadvantage an individual due to one of the nine protected characteristics. They are: pregnancy and maternity, sexual orientation, age, disability, gender reassignment, marriage and civil partnership, sex, religion/belief, and race.

Discrimination in Employment

Equality law applies right from the beginning of the recruitment process of any organisation, irrespective of its size, resources or type. It is illegal for an employer not to hire you because of any of the protected characteristics mentioned above. This is also true for employees once they are in employment. Employers are not allowed to treat their employees worse because of a protected characteristic. An example of this (which is known as direct discrimination), could be where a pregnant woman and a man are applying for the same job. If the employer decides to hire the man because of the fact that he is not pregnant (and will therefore not have to take maternity leave, time off etc), then he is directly discriminating against the woman because she is pregnant.

It is also illegal for employers to conduct indirect discrimination towards their employees. This could involve enacting a policy, or new regulations which would have a worse impact on an individual or a group of individuals who share a protected characteristic. The only exception where this can be done is if an employer can objectively justify his decision.

Discrimination also includes treating an individual differently because of a perception the employer has relating to a protected characteristic. For example, if an employer believes you are 50 years old, even though you are really 35, and therefore makes decisions relating to your career which prevent you from progressing (due to a belief you are now too old to progress), this is also discrimination.

It is important for workers/employees to note that discrimination by employers is not just related to policy decisions, recruitment decisions and other decisions in the workplace. It is also applies to very basic situations like pay and time off. For example, if your employer is paying you less than your male colleague (assume you are a woman), yet you are both doing the same job and using the same set of skills, this could be discrimination. Discrimination can also take the form of harassment. If you feel you are being harassed by your employer at work, it is advisable you speak to someone to find out what steps you need to take to deal with the situation.

Discrimination Encountered when Providing Services

Discrimination does not only occur in the workplace. All business selling goods and/or supplying services to the public need to behave in a certain way towards their consumers/potential consumers. These include (but are not limited to) banks, hairdressers, shops, estate agents, gyms, builders and restaurants.

Illegal discrimination can include, for example, a shop refusing to sell their goods to somebody because of their race/ethnic origin. Another example could be where a club/bar refuses to allow someone entry (or charges a higher price) because they are a man, but then lets in (charges a lower price to) a woman. It is important to note that the discrimination does not have to relate to a protected characteristic associated with you. If someone is discriminating against you based on a protected characteristic of someone you associate with, this is also discrimination.

Your Next Step if you feel you have been Discriminated Against

If you believe you are a victim of discrimination, we can advise you on the legal position.

If the discrimination is related to employment, it may be possible to bring a claim against your employer through an employment tribunal. It is advisable to seek legal advice should you decide to pursue this route. Ensure you are aware of all the deadlines surrounding a claim using an employment tribunal. The Tribunal may either recommend your employer stops the discrimination, pays you compensation, or allows you back to work (if they have dismissed you).

Get in touch with us today to find out how we can help you.

Equal Pay

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Equal Pay

We are making great strides towards a culture where everybody is equal regardless of gender, age, sexual orientation or ethnic background. As a society this makes us stronger, more modern and fairer than other parts of the world because we acknowledge that we all have a right to equal treatment and equal opportunity. However, whilst we are making progress in all these areas, sadly equal pay is an area that has been slower to progress.

The law

Under the Equality Act 2010 men and women doing equal work of equal value have the right to equal pay.  The European Commission also has its own rules and regulations on equal pay.

 What does equal pay mean?

Equal pay includes everything from salary, to bonuses and pension contributions. Equal rights themselves are not just limited to pay but also include having equal terms and conditions in employment contracts. If an employer pays a man and a woman different pay for the same job then they would have to show that there is a genuine reason for the difference which is not based on their gender.

This can be very problematic but common reasons have included: market forces, skills shortages, geographical differences and different skills, qualifications and experiences. Even these examples on their own may not be sufficient as once an employee has shown that their work is of equal value yet they are being paid less, the onus is on the employer to show that there is a legitimate reason why there is a difference in pay. If they are unable to do so then they made be found guilty of sex discrimination.

How to take action

To make a claim for equal pay a claimant should be employed carrying out similar work to a comparator of the opposite sex. By similar work we mean that the two employees would have similar

  • Duties
  •  working hours
  •  Responsibilities

Also, the two employee’s jobs must be rated equally under a job evaluation scheme, which will usually be carried out by the employer or by a third party appointed by an employment tribunal in the event of a claim.

If you think you may be a victim of sex discrimination you can find out by asking your employer how your pay is calculated and employers are legally obliged to provide you with this information. If the pay is found to be unequal then employers also have a responsibility to explain the discrepancy to the employee. Employers cannot prevent employees from discussing their salaries, even if a secrecy clause has been inserted into employee’s contracts.

If you have been a victim of sex discrimination then you can bring your claim whilst working or within six months less one day of leaving your employment and your claim will be filed with an employment tribunal. Employment tribunals will then compare your pay to someone of the opposite sex to determine whether you are receiving equal pay or not.

There are two types of remedies available for sex discrimination: declaration and compensation. A declaration is an order from the tribunal to increase the employee’s pay to meet that of the opposite sex. Compensation is likely to be in the form of loss of earnings and interest for up to six years (five years in Scotland).  Other compensation, such as injury to feelings or psychological damage is not recoverable from employment tribunals.

It is recommended that before you bring a claim for sex discrimination you approach your employer first by raising a grievance in accordance with your employer’s disciplinary and grievance policy. You should also contact the Advisory, Conciliation and Arbitration Service (ACAS), who are an independent and impartial body set up to advise on and improve employment relations. If your employer has a trade union then you could also contact them as they will be able to provide you with suitable advice.

It is worth bearing in mind that sex discrimination laws do not apply only in relation to pay. They also cover: recruitment, training, promotions, redundancies and dismissals.

Whistleblowing

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Whistleblowing

What is whistleblowing?

Whistle blowing (also known as ‘making disclosure in the public interest’) is the act of bringing attention to someone’s misconduct. It is most common with regards to employment relationships where an employee blows the whistle on his or her employer without losing his or her employment rights. The aim of whistle blowing is to encourage people to react if they see malpractice in their workplace.

Who is protected?

To be protected as a whistle blower you need to:

  • Be a worker;
  • Believe that misconduct is happening, has happened in the past or will happen in the future;
  • Reveal the right kind of information: make a ‘qualifying disclosure’ (explained below); and
  • Reveal the information to the right person (‘protected disclosure’).

What is a qualifying disclosure?

The information must be in the public interest and have regard one of the following matters:

  • A criminal offence;
  • The miscarriage of justice;
  • Breach of a legal obligation;
  • Damage to the health or safety of an individual;
  • Damage to the environment; or
  • A deliberate attempt to cover any of the above.

What is a protected disclosure?

The information must be communicated in a certain way and to the right person. It has to be made:

  • In good faith and without malice;
  • With a reasonable belief of its truth; and
  • With a reasonable belief of making the disclosure to the right person.

Who is the ‘right person’?

The disclosure should be made according to the employer’s disclosure procedure, generally to the employer. If an employee feels that he or she is unable to do so they should disclose the information to a person or body prescribed by the Secretary of State (the ‘prescribed person’) or a legal adviser.

If a worker blows the whistle to someone other than those listed above the disclosure will only be protected if:

  • It is made in good faith;
  • There is a reasonable belief that the information is true;
  • A worker is not acting for personal benefit; and
  • The whistleblower acts reasonably in the circumstances.

Exceptional failure

If there is an exceptional failure in the workplace (such as putting the workers’ lives at risk), a worker can blow the whistle publicly ignoring the usual procedure. The conditions that need to be fulfilled are as follows:

  1. The disclosure is made in good faith;
  2. The whistle blower reasonably believes that the information is true;
  3. They do not act for personal gain; and
  4. They act reasonably in the circumstances.

Consequences

A worker who blows the whistle is protected from breach of his or her employment rights. As a consequence if they are dismissed or victimised for their act they can complain to the Employment Tribunal. The dismissal or selection for redundancy is automatically treated as unfair if it is solely based on the act of whistleblowing.

Sick pay law

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Sick pay law

Sick employees must be treated fairly and are normally entitled to receive pay in their absence from work caused by illness.

Types of sick pay

There are two types of sick pay. These are:

  1. Statutory sick pay (SSP)

To be entitled to the SSP you need to be an employee who is sick for at least four days in a row (including weekends and bank holidays) and you have average weekly earnings of at least £102.

  1. Company or contractual sick pay

An employer can offer any sick pay scheme, as long as it is not below the legal minimum. The details of company sick pay should be included in the employment contract. It is important for the employer to ensure that sick leave is only taken when necessary and not treated as additional holiday.

How much will it be?

The SSP is paid at a set current rate of £81.60 a week for up to 28 weeks. It will be paid with the usual earnings on the normal payday. It is subject to tax and National Insurance.

The company sick pay varies depending on the employer’s sick pay scheme details. Some employers will only provide sick pay after a minimum period of service (such as a probation period) which means that in order to qualify for the sick pay scheme an employee must have worked for the company for a specified period of time. Some employers will use their discretion and make an exception to pay sick employees even if they do not qualify for the sick pay scheme.

How to claim it?

For the SSP the employee must inform their employer that they are sick and, if asked, provide medical evidence (such as doctor’s note) of illness from the eighth day of absence.There should be rules in place explaining how the employee should claim company sick pay. It could either be phoning the employer, sending them an e-mail or filling out a self-certification sick note.

What is the SSP 1 Form?

Employers use this form if an employee does not qualify for Statutory Sick Pay to explain the reasons why SSP has not been paid or if the SSP has come to an end.

It should also be given to an employee who has been receiving company sick pay for 28 days (or if the company sick pay is for a shorter period of time) and the employee is not entitled to SSP.

Disciplinary action

Employers have to be careful when assessing grounds for employees taking sick leave. If an employer has clear proof of employee’s repeated absence and if frequent sick leave affects employee’s abilities to do their job they might take disciplinary action against the employee. The justification for it is to prevent absenteeism and discourage employees from taking time off for extra holidays. Employers’ actions can however lead to a discrimination claim if a long-term illness of an employee is taken as a ground for dismissal.

PILON Clauses

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PILON CLAUSES: HOW TO AVOID LIABILITY FOR STATUTORY NOTICE PERIODS IN EMPLOYMENT

Generally speaking in employment contracts, there is a statutory right to a notice period of one week minimum (having worked for that employer for a minimum of 4 continuous weeks). If your employer has included in your contract a notice period which is shorter than this, it is not valid, as your statutory right overrides the shorter time period. Please note that if your employer has included in your contract a notice period which is longer than the statutory minimum, this will override.

For every year of employment you fulfil after the 4 weeks continuous employment, you will receive an extra week’s notice period (which continues increasing for 12 years).

What is a PILON Clause?

A PILON clause (payment in lieu of notice) is a clause that employers can incorporate into employment contracts which, if validly created, allows the employer to dismiss the employee immediately, as long as they pay them the amount they would have received throughout their notice period.

Incorporating a PILON clause into an employment contract is therefore an effective way of retaining control over the dismissal of employees. Additionally, if the PILON clause is constructed effectively, the employer may also exempt themselves from having to pay anything over and above the basic salary of the employee involved. This is done by excluding payments including commission, a bonus or any other benefit.

The Effects of a PILON Clause

An express PILON clause will have the effect of terminating the employment contract immediately. Do be aware of the fact that the clause could either be express or discretionary. A discretionary PILON clause differs slightly. This type of clause gives the employer discretion as to whether he would like to give a payment in lieu of notice, rather than the contract automatically being terminated. Without any PILON clause, the employer will not be able to terminate the contract immediately without the notice period.

What is Garden Leave

If you are placed on ‘garden leave’, you will receive full pay but your employer is likely to prohibit you from carrying out any special duties or services. The aim of this type of leave is to get you out of the office. This could be to protect the company’s interests, or so that your employer can investigate any misconduct.

Under a PILON Clause, the Employer Must Communicate its Decision to Terminate to the Employee

Not only does the PILON clause have to be written satisfactorily into the employment contract, the employer also has to ensure that they communicate the decision to terminate a contract using this clause to the employee. It is not until the employer has specifically given the employee notice of their decision to terminate the contract, and exercised their contractual right to provide a payment in lieu of notice, that the employment contract is considered effectively terminated.

Why Does it Matter what Date the Employment Contract is Terminated?

The steps involved in terminating an employment contract using a PILON clause are important because they are required to solidify the exact date the contract has been terminated. This is crucial to both the employee and the employer, because if valid notice of termination using this method has not been given, the employee may even be able to treat the contract as still in force. This means that the employee would be able to claim lost income/compensation for the time he was not at work (during the time the contract was still technically ongoing), and therefore claim a large sum in damages on top of the money received as a result of the PILON clause.

As an employer, it is therefore important to ensure that the PILON clause you have included in employment contracts is not only valid, but that if you decide to use it, you have effectively communicated to the employee in question your decision to do so. Only then will you have effectively terminated the employment contract.

Sex discrimination

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THE LEGISLATION

Sex Discrimination Act 1975 was implemented into law on 12 November 1975. The Act set a basic legal framework for protection of men and women against discrimination based on sex or marital status; ensuring equal treatment and opportunities for men and women in society, workplace, education, training, harassment, the provision of goods and services and the disposal of premises. Although, the Act was repealed by the Equality Act 2010 on 8 April 2010, the core anti-discrimination laws under the Sex Discrimination Act 1975 are also applicable under the Equality Act 2010.

WHO IS PROTECTED?

Both the Sex Discrimination Act 1975 and the Equality Act 2010 apply to men and women regardless of age. The Acts cover apprentices, employees, self-employed and in certain cases ex-employees.

WHAT CONSTITUTES SEX DISCRIMINATION?

The Sex Discrimination Act 1975 introduced a number of sex discrimination offences:

  1. Direct sex discrimination occurs when a person is treated less favourably because of their sex, marital status or gender reassignment. This form of discrimination can take many forms such as: unequal pay for doing the same job, change of working pattern, dismissal due to pregnancy or unfair selection criteria for promotion or recruitment.

  1. 2.       Indirect sex discrimination is less obvious and arises where the same requirement or condition is equally applied to both men and women, but the ultimate proportion of one sex that can satisfy the exact requirements is significantly smaller than the proportion of the other sex. Importantly, this type of discrimination covers also part-time workers as it has been proven that most part-time workers are women. Providing that you can prove that the requirement is not essential for the role and it puts you at a disadvantage compared to men (i.e. because they do not bear the same caring responsibilities such as caring for children), you will be able to satisfy the criteria for indirect sex discrimination claim.

 

  1. 3.       Victimisation or Harassment arises where a person is exposed to any unwanted conduct related to any of the protected characteristics such as sex or marital status; and that unwanted conduct affects that person’s personal dignity or creates an intimidating, degrading, hostile, humiliating or offensive atmosphere for that person. The above also applies to any situations in which a person witnesses victimisation of the other and such causes their dignity to be violated. Sexual harassment may also arise in circumstances where an individual rejects the unwanted conduct related to sex and as a result is treated in an unfair manner. The most common examples of sexual harassment include:

 

  • Unwanted physical contact or gestures;
  • Inappropriate jokes or comments about a woman’s appearance;
  • Sexual insinuations;
  • Unwanted communication such as emails, phone calls or text messages.

  1. 4.       Pregnancy or Maternity Leave

Dismissal on the grounds of pregnancy or maternity leave constitutes not only direct sex discrimination but also is classed as an automatic unfair dismissal regardless of whether or not the employee has worked for the employer for more than 12 months. Unlike, in the case of unfair dismissal, discrimination on the grounds of sex has not got any limits on the level of compensation that can be awarded.

HOW DIFFICULT IS IT TO PROVE A SEX DISCRIMINATION CASE?

As with all legal matters, each case is different and will depend on the type of discrimination complained of, the evidence available and how the situation is handled by employer and employee and if lawyers are involved, how skilful they are both in terms of knowledge of the law, tactics and negotiation skills.

In order to successfully claim sex discrimination under the Sex Discrimination Act 1975, a person complaining has to establish that they were more likely than not disadvantaged on the grounds of gender. The defendant will then have a chance to present a defence. In most cases, the ultimate outcome will vastly depend on the amount of actual evidence available. Therefore, it is vital to preserve any copies of correspondence such as letters, emails or text messages and keep a log of the key incidents and dates on which they took place.

HOW MUCH COMPENSATION CAN I GET?

It is difficult to establish how much compensation you can get without looking into the specific details of your case. Compensation in sex discrimination cases usually includes the following:

  • Loss of Earnings;
  • Injury to Feelings;
  • Psychiatric Injury;
  • Ancillary Losses;
  • Interest.

Bullying at work

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Everyone in our society deserves to be treated fairly and equally with a certain level of dignity and respect. Unfortunately, harassment and bullying at workplace are not uncommon in the UK. In fact, the main UK body for improvement of employment relations – Advisory, Conciliation and Arbitration Service (ACAS) estimates that 1 in 10 employees experiences workplace bullying and harassment. With that in mind it is worth knowing  your rights.

Difference between workplace bullying and victimisation

Although, both of the above terms are often used interchangeably and some definitions even include bullying as a type of harassment, the two are completely different in nature and take different forms.

Harassment occurs when your dignity is affected by unwanted intimidating conduct that is aimed at you or even someone else’s age, race, disability, gender, religion, sexual orientation, national origin or some other individual characteristics. The conduct can be a one-off incident or more permanent in nature, what matters most is that it offends you.

Bullying is usually characterised by persistent unwelcome malicious or intimidating behaviour that is intended to undermine or humiliate the victim. Common instances of bullying at work include:

  • physical or verbal abuse;
  • nit-picking;
  • spreading malicious gossip;
  • being shouted at or humiliated in front of other colleagues;
  • victimisation or isolation;
  • excessive monitoring;
  • misuse of power or position;
  • unfair treatment.

Bullying or harassment need not  take place in person. Written correspondence, telephone conversations or electronic communication such as emails and fax are covered by the current anti- harassment legislation.

In real life, bullying at workplace can also be hard to recognise at first. It may be direct or it may be more insidious. Sometimes new employees may assume that an inappropriate joke or overbearing supervision is just a part of working environment at their new place of work. The psychological fear of being considered as weak may also cause bullied persons not to react. You should resist this feeling and try to discuss your concerns with your manager or supervisor.

Bullying at workplace: the law

In the UK, it is not possible to make a direct claim to an employment tribunal about bullying at workplace. Complaints can however be made under various other laws concerned with discrimination and harassment.  If you were forced to leave your job because of bullying you might also be eligible to claim unfair constructive dismissal.

 

Discrimination

  • the Sex Discrimination Act makes it unlawful to discriminate against a person on the grounds of sex, marital status or gender reassignment;
  • the Race Relations Act 1976 provides protection against discrimination  and harassment on the grounds of race or national origin;
  • the Disability Discrimination Act 1995 provides protection against discrimination and victimisation on the grounds of disability;
  • the Employment Equality (Sexual Orientation)  Regulations 2003 give protection against discrimination and harassment  based on sexual orientation. This includes heterosexual, homosexual and bisexual people.
  • the Employment Equality (Religion or Belief) Regulations 2003 prohibit discrimination based on religion or belief;
  • the Employment Equality (Age) Regulations 2006 give protection against discrimination and harassment on the grounds of age.

Constructive Dismissal

Constructive dismissal occurs when you leave your job because of an intolerable working environment but is based on a fundamental breach of contract which is not always easy to prove. The environment might become unacceptable for various reasons including persistent bullying, discrimination or harassment. It is important that before leaving your job you at least attempt to resolve the situation by speaking to your manager, HR department or use service such as ACAS. Sometimes it might also be worth to try to talk to your bully as bullying can be unintentional.

If the above does not help and you think you have a valid case of proving unfair constructive dismissal you should leave your job and bring a claim to the employment tribunal as well as seek further legal advice in relation to bullying at workplace that might have its grounds in any form of discrimination listed above.