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If you are an employee who wants to bring a discrimination claim in the Employment Tribunal you need to have in mind the key headline issues to succeed at the hearing or in negotiations with your employer towards settlement of the claim. D irect and indirect discrimination is unlawful in the employment field. This an outline of what is unlawful discrimination in Employment Law. (1) Sex Discrimination Direct Discrimination If you are a woman and have been treated less favourably than a man in employment this is direct discrimination. Treatment that is different is not enough for it to be unlawful – you will have to show less favourable treatment. The question is whether you would have received the same treatment but for your sex. Indirect Discrimination This occurs if your employer applies a requirement or condition to you as a woman which also applies to a man but which ...
Deciding upon the merits of the case – how I can help you I f you are facing redundancy I can help steer you through the process that your employer must follow and to help you decide upon whether or not you should contest a case to an Employment Tribunal or whether offers to settle the case should be accepted. How I can help you to pursue claims? Unfair redundancy You can claim that you were unfairly dismissed for redundancy because: There was no redundancy situation No or inadequate consultation took place There was an unfair selection There was no satisfactory search for suitable alternative employment I can help you by assessing your documentation, your procedures and evidence to show that there was no redundancy situation, that the consultation was unfair and inadequate, that you were unfairly selected from a redundancy pool of employees and by identifying whether your employer ...
I f you are disabled and facing discrimination at work you should be aware of the Equality Act 2010 which outlaws disability discrimination. It is unlawful to: Treat you as an employee or you as a job applicant unfairly on the grounds of your disability. Treat you as an employee/or as a job applicant unfairly for a reason relating to your disability. Fails to comply with its duty to make reasonable adjustments for an you as an employee/ job applicant. You will be defined as being disabled if you have a physical or mental impairment having a substantial and long term effect on your ability to carry out normal activities. Your employer has a duty to make reasonable adjustments to their premises, practices and procedures to prevent disabled employees from being put at a substantial disadvantage compared with non-disabled workers. Whether physical impairment was “likely” to recur – if so ...
If you are a Claimant in the High Court or County Court you should be aware that a fast and easy way of getting your money from a Defendant that you are claiming against is for you to get from the court a judgment in default of Defence or Acknowledgment of Service. T he Defendant has to comply with strict time limits to file and send their Defence and Acknowledgment of Service of the claim to you. If they do not comply with these time limits the Claimant has the chance to use an element of surprise by getting judgment without the Defendant having the opportunity of defending the claim. The Defendant that is caught out in this way can apply to have the judgment in default of Defence or Acknowledgment of Service set aside in certain circumstances. These are described below. CPR 13.3 (1) permits the court to set ...
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