Employment Tribunal Questions

FBaby

OP, you are making the most common -and potentially very costly- error many are making. You are assuming the legal process is about justice for being treated wrongly and letting your anger drive your case.

It doesn't work like this at all and your case is so weak, it's heading straight into the bin.

For a start, you are confusing what it is she is taking them to court for. Is it for race discrimination, discrimination due to pregnancy, or constructive dismissal? Because you've thrown all three into the same basket and that is not going to go in your favour as it comes across that you are just trying anything to get justice rather than what really deserves justice.

To start with the race discrimination, it sounds like she raised a grievance, that's good. What happened afterwards? Did she get a response? If so, wasn't it unsatisfactory, and if so, did your wife officially write to say that it wasn't and stating clearly what she was expecting the company to do to resolve the matter? If not, she hasn't dealt with the matter properly herself.

Pregnancy discrimination. That doesn't make sense since it would seem that she was encouraged to give her notice after she had a baby, not when she was still pregnant. Had she gone back from maternity leave? If so,how can it be pregnancy discrimination?

Finally, constructive dismissal, ie. she had no choice whatsoever but to leave the place. No choice because if she hadn't what would have happened? Her health was affected? If so, why didn't go off sick, go to her GP and get treatment?

What would have happened if she remained but that she might have ended up being disciplined? That's not a reason to claim constructive dismissal.

As for their lies, you don't appreciate at all that not only it isn't so much relevant to your claim (as above), but you are going to find it nil to impossible to prove it. You might know for sure that they have, but the judge won't.

Your statement that they told her that she didn't meet NMC requirements to renew her nursing registration. Imagine the exchange of conversation:
Judge: The claimant states that you told her she would lose her nursing registration.
Respondent: No, my honour, I told her that in my view, it was a possibility that she could struggle to get it renewed due to her limited working hours in the last 12 months.
Judge: You're entitled to share your opinions.

I'm not a solicitor, no direct experience of the legal system, but I know enough to know that very few such cases as yours win in court, that every word your wife says will be challenged by an experience lawyer who will relish at destroying such an easy target, and that your arguments are not arguments of the law, but expression of frustration, anger and a need for revenge. As Judge J says, she is a lawyer, not a psychologist.

Please seek legal advice, if only a free 1/2 session.

matlof

FBaby thanks for your answear.
I know that in that thread I have wrote about that case a litle unclear but in preparation to employment it looks much better.
I am taking respondant to tribunal because of victimisation, as my wife was treated worst since she mage first grievance, she was treated worst than she was pregnant and it also pregnency discrimination and her origin contributed to employer behavior so it is also race discrimination and whole employer behavior leed to constructive dismissal.
I have many very good evidences to prove that employer deliberately lied to put preasure,
and I am sure that we have very big chance to win the case and show to other how this organisation work, that they promote discrimination.

Comms69

matlof wrote: »

FBaby thanks for your answear.
I know that in that thread I have wrote about that case a litle unclear but in preparation to employment it looks much better.
I am taking respondant to tribunal because of victimisation, as my wife was treated worst since she mage first grievance - I doubt that is actually illegal unless the treatment itself was illegal.... , she was treated worst than she was pregnant and it also pregnency discrimination - not from what you've said and her origin contributed to employer behavior so it is also race discrimination - not from what you've said and whole employer behavior leed to constructive dismissal. - that's just not true
I have many very good evidences to prove that employer deliberately lied to put preasure, - lying? or making a mistake? think what a judge will believe
and I am sure that we have very big chance to win the case and show to other how this organisation work, that they promote discrimination.

Honestly this will not go that far. If they haven't offered a settlement, you are not going to win.

FBaby

Sorry matlof, maybe you're right and you have a decent case, but if that's the case, it won't be on the basis of anything you've written here. Everything you've cited on this thread is weak.

Your wife failed to take actions to show that she had raised her issues through the proper channels and that's what the judge will look at. They look at procedures, rules, processes and whether these were followed by both parties, way before they consider what was fair.

If they can evidence they've done everything that is within the law and written in their procedures, they will score points. If your wife failed to do what she was supposed to do as written in the company policies (and yes, it will be deemed her responsibility to ask for them, not for them to share them), then the case will end at that.

Why do you think so many people fail in court when it is obvious that they were treated unfairly?

I feel sorry for your wife because it looks like you are misleading her in believing she has a case. She is the one who will have to stand there and answer the questions and she is going to find it a very stressful experience for nothing, or worse, she could be the one having to pay them compensation.

You clearly mean well, but do you really think it is fair to let your sense of confidence take over without even at least seeking professional advice, especially when not one poster here has told you that you indeed have a good case?

matlof

Comms69 wrote: »

Honestly this will not go that far. If they haven't offered a settlement, you are not going to win.

They didn't because we are not interested in settlement

matlof

FBaby wrote: »

Sorry matlof, maybe you're right and you have a decent case, but if that's the case, it won't be on the basis of anything you've written here. Everything you've cited on this thread is weak.

From thing I didn't wrote befor I know that employer raported my wife to NMC that he doubts she meets the requirements. When I asked them about any contact with NMC they said that they didn't contacted NMC, they confirmed that in witness statement, but I just received from NMC confirmation that they have in records comunications with my employer and also after the month they received anonymus referal about my wife.
Also just today Respondant disclose aditional internal comunications, after before that confirmed that they already disclose all relevant comunications. In one of the e-mails sent to their legal advisors manager accused by my wife described they behaviour and explained that they proposed her setlement for resignation not because of her fitnes to practice but because she has rised grievance against other employees and she appealed the outcome. Part of that email was in manager's testimony diuring grievance but of corse not the reason of proposing the setlement.
I am going to report late discloser to tribunal, and I am sure that they still didn't disclose all relevant informations.
Do you know what tribunal can do about that?

Comms69

matlof wrote: »

From thing I didn't wrote befor I know that employer raported my wife to NMC that he doubts she meets the requirements. - Good! That's sensible behaviour. When I asked them about any contact with NMC they said that they didn't contacted NMC, they confirmed that in witness statement, but I just received from NMC confirmation that they have in records comunications with my employer and also after the month they received anonymus referal about my wife. - Yes ANONYMOUS! So could be anyone....
Also just today Respondant disclose aditional internal comunications, after before that confirmed that they already disclose all relevant comunications. In one of the e-mails sent to their legal advisors manager accused by my wife described they behaviour and explained that they proposed her setlement for resignation not because of her fitnes to practice but because she has rised grievance against other employees and she appealed the outcome. - That's very sensible! Part of that email was in manager's testimony diuring grievance but of corse not the reason of proposing the setlement. - Irrelevant
I am going to report late discloser to tribunal, and I am sure that they still didn't disclose all relevant informations.
Do you know what tribunal can do about that?

Nothing. They wont do anything.


Their case is looking so strong!


This is going to cost you thousands, just stop and go speak to a solicitor!

Cyclizine

Was she a member of the RCN? It's too late now, but this is what unions are for. Something to think about next time.

matlof

manager accused by my wife described they behaviour and explained that they proposed her setlement for resignation not because of her fitnes to practice but because she has rised grievance against other employees and she appealed the outcome. - That's very sensible!

Comms69 Do you know what it is Victimisation? Maybe for you it is sensible but it is unlawful! My wife rised grievance because she was discriminated due to race and pregnancy and because of that she schould be protected but Employer admit that they wanted to get rid of her because of that grievance.

Comms69

matlof wrote: »

manager accused by my wife described they behaviour and explained that they proposed her setlement for resignation not because of her fitnes to practice but because she has rised grievance against other employees and she appealed the outcome. - That's very sensible!

Comms69 Do you know what it is Victimisation? Maybe for you it is sensible but it is unlawful! My wife rised grievance because she was discriminated due to race and pregnancy and because of that she schould be protected but Employer admit that they wanted to get rid of her because of that grievance.

Offering an employee who isn't happy a chance to leave, with a settlement package is NOT victimisation. It is also not unlawful!


Just because she's pregnant or whatever race, doesn't mean they cant sack her. and certainly doesn't mean they cant offer a settlement package!


Perhaps they felt her grievance was malicious or vexatious. They are entitled to make such decisions, as long as they follow their own policy.


I don't believe for a second a hospital would promote either a culture of racism or pregnancy discrimination given that nurses are predominantly women and many come from outside the UK!