Consequences of loosing the case in Employment Tribunal

ohreally

I'm going to pm you a pdf which may help you focus your thoughts in terms of preperation.

zzzLazyDaisy

I am sorry KateKat, but I haven't a clue whether the witness statement will be enough to counter the allegations or not. To start with, I haven't seen the witness statements, but in any case, it will all depend on how the evidence comes out on the day, who is believed, what supplementary evidence is brought out during cross-examination, what side of the bed the judge got out of that day, etc. It isn't an exact science. If it was that simple to predict the outcome, no case would ever get to a hearing.

Hiccups_2

Hi Daisy, just picking up on your advice below:

That it is OH's case that discrimination was an organisational problem, which the company did nothing about, and the respondent has not produced any evidence to counter this allegation (if that is the case). - Is the witness statement on poor performance (before grievance, but no specific examples or documentation, and mainly after grievance, but still no documentation, specific examples or action taken)) and poor conduct(after raising grievance; unauthorised absence and alleged aggressive behaviour months after grievance) is enough evidence to counter the allegations that you described above about organizational discrimination?

I think LazyDaisy meant that (in your summing up) you should draw attention to the Respondent's failure to adduce evidence to counter YOUR allegation that discrimination was an organisational problem (if that's the case and the Respondent do indeed fail to demonstrate this at the hearing).

More generally I think LazyDaisy was trying to drive home the point that you need to prove the less favourable treatment was as a result of the protected characteristic.

Organisations turning a blind eye to complaints of discrimination and allowing discriminatory practices to continue in the workplace is one way to do this and can be inferred by, for example, the company having no equal opportunity policy in place. Other links to the protected characteristic could be, for example, racist remarks (if the complaint is race discrimination) or even seemingly innocuous comments that show the protected characteristic to have been a factor in the decision making for less favourable treatment.

I think you have received some sound advice on this thread (notwithstanding the fact that only you know the details of your OH's case, so the advice here will not be specific to the facts of your case).

You should focus on trying to prove that your OH was treated the way he was because of his protected characteristic (race, disability etc). This is what you will need to evidence before the tribunal. The tribunal are not going to try to come up with a link for you if it's not clear in the evidence (such as your witness statements and any oral evidence that your OH gives at the hearing).

Bear in mind that it's not unlawful to treat someone unfairly as a result of bad management or people just not liking each other.

Good luck with the hearing. I hope everything goes well.

zzzLazyDaisy

Thanks for your input, Hiccups. That is EXACTLY what I was trying to get across

Polmop

How did the hearing go

Gardenqueen

Hope you a ok, the silence is worrying......

dizzyrascal

Hi, I have learnt a lot from following this thread so I'm bumping it up to see if we get an answer.
I hope it is good news but the silence makes me think it may not be.

Uncertain

The OP was last logged on at 10.22 on Sunday evening.

Remember, if they reached a settlement (which seems quite likely) it will almost certainly be subject to a confidentiality clause.

TrickyWicky

Still no reply from the op then eh?

Mara69

Uncertain wrote: »

The OP was last logged on at 10.22 on Sunday evening.

Remember, if they reached a settlement (which seems quite likely) it will almost certainly be subject to a confidentiality clause.

Indeed, but the OP could still pop back and say whether the case has ended or not without giving any details.