Unfair Dismissal - DIY Employment Tribunal

g0liath

lakes17 wrote: »

You state that the victim is telling lies as to how they felt with your comment. You also state in a previous post that the victim was laughing about your comment. How do you know how the victim was feeling inside. He/she could be happy on the outside but in reality "bottling up" their feelings until it becomes to much and the Employer has to then take the appropriate action which would come under the "Dignity at Work" Policy. The jokes you made about Ramadan should not be made in the work place or anywhere else for that matter and it is right that it is a serious matter and disciplinary action should be taken.


You have also stated in another post that this is not the first time you have faced allegation about racism but the first one was worse and following an appeal you received a final warning. You believe because of that the sanction should be less than a final warning. But that is irrelevant because even "spent" warnings can be taken into consideration if it is deemed the same or similar allegation has taken place again. And it is not unusual for the sanction to be more severe even if the second allegation wasn't as bad. In your case this would be dismissal and the Employer would be able to justify this decision on the basis that you have learned nothing from your final warning.


You definitely have an uphill battle for the ET to find in your favour.

I won today - The Judge discounted the racism completely.

badskindollheart

Well done OP, I'll admit I was dubious that you would win but credit to you for standing up for yourself AND doing it alone. What is your redress/remedy?

lakes17

g0liath wrote: »

I won today - The Judge discounted the racism completely.

Well done, after reading various threads on your post I did have doubts (probably because I'm from an H.R. background !!) Anyway really well done that you achieved this result without any legal representation.

AndyPK

Where was the tribunal ?

Did they take pity on you representing yourself or was it a hard battle?

Any tips appreciated.

PHILANTHROPIST

g0liath wrote: »

I won the case - The racism was discounted. I am so Happy!

More congrats.

I am new to MSE, but having a background in employment tribunal practice I am now retired and elect to train lay people take on employers to seek justice. I relish a David v Goliath battle. Late last year after training 60 multiple claimants for 15 months they were eventually confident enough (after no less than 3 pre-hearings) to represent themselves in the ET via a test case scenario ; they achieved a handsome settlement.

From your first post I see that you dismissed your solicitor. Well done ; based on my experience many employment solicitors are useless. I would not pay many of them a dime. I spent most of my working career telling them off ! Barristers/ Counsel are generally the ones with brains.

Race discrimination is a notoriously difficult allegation to uphold. I have not read the 5 pages of your thread's posts, and thus have no knowledge of the case facts and circumstances, but prima facie I am not surprised you were successful. What is more surprising and pleasing is that a lay person was triumphant. Well done. Martin L may buy you a magnum of champagne ! lol

g0liath

AndyPK wrote: »

Where was the tribunal ?

Did they take pity on you representing yourself or was it a hard battle?

Any tips appreciated.

Birmingham ET office.
I don't think they take pity but the Judge will not let the opposite side take advantage of the situation. I felt it was fair and unbiased.

The Solicitor was really nasty but I was told that they do this by a solicitor in the Claimants room who was representing someone else there that solicitors do this to put you on edge.

It wasn't easy as I am dyslexic so I had to get everything in to my statement with quotes and page numbers so it was easy for referencing and it helped the judge.

If you are out of work, the compensation has to off set any benefits so I lose £700 quid for the short time I was out of work but it is paid by the Respondents so it hurts them and helps the state.

Just ask any specifics in a private mail and I will help you with as much as I can.

g0liath

badskindollheart wrote: »

Well done OP, I'll admit I was dubious that you would win but credit to you for standing up for yourself AND doing it alone. What is your redress/remedy?

It wasn't much but let me quote something sent.
As anticipated, Judge X found in my favour yesterday at the Employment Tribunal and dismissed the allegation by Mr X that I made racist comments to them.
The investigation by XX and XXX has been shown to be defective and biased against me.
The confirmed embellishment of Mr X's account has been dismissed by the Judge.

Furthermore, this was ignored by the Appeal process conducted by XXXX and XXXXX (which I took great time and effort to demonstrate) and after even more embellishment by X, was completely ignored.

Your letter last week referring to my application to the Employment Tribunal as being “Scandalous” and “Vexatious” and “has no reasonable prospect of success” was misguided and ill founded.
Threatening me with “the maximum cost the Tribunal can award against you are £20,000.00” if I did not back down and withdraw my application may have frightened some people into submission but I am a man of principal and I stand by my convictions and see things through to the end. I did point this out to the appeal panel on xx/xx/13 and I have kept my word.

This process has been a campaign for my justice. I am not and never have been a racist and there was no Harassment on the grounds of race as cited in my dismissal letter of the XXX.

It was right to stand up for myself and clear my name. The money has never been an issue.
I hope that this is a lesson for (Company) not to ride rough shod over its employees and dispose of people so eagerly.

May I ask when I can expect my compensation award please?

Your Sincerely

g0liath

lakes17 wrote: »

Well done, after reading various threads on your post I did have doubts (probably because I'm from an H.R. background !!) Anyway really well done that you achieved this result without any legal representation.

Thanks. A specific youtube clip 'Law on the web' started it all off and I must thank her. The link is here.

http://www.youtube.com/watch?v=b3M5gYu6cbc&feature=share&list=FLC_LLchXB25EpkOKp_NyNDg&index=2

I watched every employment video on youtube and every website related to Unfair Dismissal especially the ones aimed at the companies and how they mitigate.

fruitedeli

g0liath wrote: »

It wasn't much but let me quote something sent.
As anticipated, Judge X found in my favour yesterday at the Employment Tribunal and dismissed the allegation by Mr X that I made racist comments to them.
The investigation by XX and XXX has been shown to be defective and biased against me.
The confirmed embellishment of Mr X's account has been dismissed by the Judge.

Furthermore, this was ignored by the Appeal process conducted by XXXX and XXXXX (which I took great time and effort to demonstrate) and after even more embellishment by X, was completely ignored.

Your letter last week referring to my application to the Employment Tribunal as being “Scandalous” and “Vexatious” and “has no reasonable prospect of success” was misguided and ill founded.
Threatening me with “the maximum cost the Tribunal can award against you are £20,000.00” if I did not back down and withdraw my application may have frightened some people into submission but I am a man of principal and I stand by my convictions and see things through to the end. I did point this out to the appeal panel on xx/xx/13 and I have kept my word.

This process has been a campaign for my justice. I am not and never have been a racist and there was no Harassment on the grounds of race as cited in my dismissal letter of the XXX.

It was right to stand up for myself and clear my name. The money has never been an issue.
I hope that this is a lesson for (Company) not to ride rough shod over its employees and dispose of people so eagerly.

May I ask when I can expect my compensation award please?

Your Sincerely

It's always about the money. No need to be afraid of others calling you greedy. If there's no money to be gained you wouldn't have bothered with all this.

RiverStar

Congratulations, Goliath....l am so happy for you. Well done :beer:

RS