Sexual Discrimination - order for further and better partuculars

Gavin83

Curlygirl123 wrote: »

Thanks for your help all. Can I ask another question?

A line manager says that if women shout at you its just the way they are, they get emotional and you should walk away......is that direct or indirect discrimination? The comment seems discriminatory to both the male being shouted and and towards females.

Breaking it down is confusing me somewhat.

I really hope that isn't purely what he's basing his claim on.

xapprenticex

is he being sexually assaulted by a male colleague?

sangie595

Curlygirl123 wrote: »

Thanks for your help all. Can I ask another question?

A line manager says that if women shout at you its just the way they are, they get emotional and you should walk away......is that direct or indirect discrimination? The comment seems discriminatory to both the male being shouted and and towards females.

Breaking it down is confusing me somewhat.

It isn't, in itself, any form of discrimination. Discrimination is defined as an action which occurs because of the protected characteristic. So, not promoting someone because of their ethnic origin; or refusing to employ someone because they are female. Saying that (all) women get emotional is sexist, and plain stupid, but it isn't discrimination. And suggesting that someone calmly well away from a person shouting at them is good advice!!! Which is also not discrimination.

Curlygirl123

Ah I see, thank you. So treating men and women doing the same job is sexist but not discrimination? Having different expectations and talking to women and men differently is not discriminating? I didn't realise that.

nicechap

Do the women employees shout at both male & female colleagues or only male?

When men shout, does the line manager also advise to walk way (& so defuse the situation)?

Curlygirl123

There are two women. One has twice shouted at a single man and then at two men together. It was deemed that as the shouting was eventually followed up with an apology, it didn't matter and couldn't be complained about.

The men do not shout and so the line manager has not provided guidance on this.

nicechap

Your friend is going to an employment tribunal because a female colleague shouted at them which was apologised for???

Is your friend sure the line manager's advice applies soley to women shouting and cannot apply to men shouting?

sangie595

Curlygirl123 wrote: »

There are two women. One has twice shouted at a single man and then at two men together. It was deemed that as the shouting was eventually followed up with an apology, it didn't matter and couldn't be complained about.

The men do not shout and so the line manager has not provided guidance on this.

Please tell me that he has more to his sex discrimination claim than the fact that a woman shouted at him and a male told him to walk away. Shouting a someone may be rude, it may be bad manners - it is not discrimination and it is not good reason to resign.

Curlygirl123

There are lots of reasons he has decided he would like to go to tribunal. It is long and complicated. The treatment from one member of staff and trying to get mediation as resolution are just a part.

I do appreciate your responses. It is not a path I would ever choose to take as I value a stress free life without complications.

sangie595

Curlygirl123 wrote: »

There are lots of reasons he has decided he would like to go to tribunal. It is long and complicated. The treatment from one member of staff and trying to get mediation as resolution are just a part.

I do appreciate your responses. It is not a path I would ever choose to take as I value a stress free life without complications.

What I am concerned about is not his stress levels - it's his bank account. I can see what why the employer may be seeking an order. If his case is all like this it will be a costs order and deposit next.

There is only ONE reason to go to a tribunal, and that is because you have an actual legal case. It seems to me, from looking at previous threads, that there may have been bullying (which is not s claim he can make) and the employer refused mediation (they can) and he has only six months employment, so he is making up the fact that a woman was involved and he is male as sex discrimination. Just in order to have his day in court.

There will be tears before long...He cannot treat a court of law in such a cavalier way, and they (literally) have ways of making you pay.