Employment Tribunal - Fixed Term Employment discrimination

Motormouse

Hi

I have recently represented my wife at an employment tribunal for a pre hearing review.

At the PHR the Judge gave direction for discrimination for a fixed term employee.

I need to calculate the loss but I see injury to hurt feelings can't be claimed.

The employer (NHS) abused his power as a public servant so I guess that gives rise to aggravated damages?

How do I work out the claim?

Facts: Employee worked 18.5 hours a week. Less than 1 years service. 6 months on and still not found work to cover lost income.

Many thanks

nomoneytoday

With less than a year's service, unless there's discrimination then I think it's a non-starter (IANAL)

Motormouse

There is discrimination, the Judge she said YES. Therefore this can be heard for full trial.

KiKi

nomoneytoday wrote: »

With less than a year's service, unless there's discrimination then I think it's a non-starter (IANAL)

The OP doesn't say anything about dismissal, which is where the 12 months applies. They state it was discrimination (fixed term) and that the judge has made the direction.

Sorry, OP, I can't help you on the losses but hopefully someone will be along soon who will.

KiKi

marybelle01

Motormouse wrote: »

There is discrimination, the Judge she said YES. Therefore this can be heard for full trial.

The judge didn't say yes. She said there was a case to be heard. She can't say that it is discrimination because that is up to the court to decide.

Notmyrealname

I suggest you find someone to represent your wife who actually knows what they're doing otherwise she could find herself paying the NHS costs for defending the claim.

MrSnuggles

Like the previous user said, don't get greedy and jump straight to suing the employer because you can get a lump of cash if you win the case. Chances are, unless you have evidence proving there's discrimination going on, your wife will end up paying NHS's legal bills.

kazzah60

oh wouldn't it be helpful if Sar El were still around..........

Emmzi

you haven't given much to go on.

let's start with,

what actual cash losses has wife incurred? (not hurt feeings etc - actual cash, lost earnings, etc)

macalacka

What actually happened that has deemed you to feel there is a case for discrimination based on FTC?

Jarndyce

kazzah60 wrote: »

oh wouldn't it be helpful if Sar El were still around..........

She is:

http://www.redundancyforum.co.uk/