Racial Discrim Case, EMPLOYERS ADMITTED FAULT!

Gavin83

I'm surprised they settled to be honest, had I been your employer I'd have let it go to tribunal considering your case was fairly weak. However regardless it's a good result for you so congrats.

Also, did you modify the title or did it always say that? If so you may wish to change it back as it isn't factually correct. The employer hasn't admitted anything, they've just settled. In most cases when they settle it's because defending the case would be more costly than just settling.

You did one thing very well in this case though, you didn't get too greedy. Had you doubled the amount you asked for you'd have likely been left with nothing.

Tahlullah.H

Congratulations on your success.  Unfortunately, there are too many employers, employees and Firms that are happy to allow racism to exist based on the fact it is rarely challenged.  Good luck with moving on with your life.

CBoogie

Gavin83 said:

I'm surprised they settled to be honest, had I been your employer I'd have let it go to tribunal considering your case was fairly weak. However regardless it's a good result for you so congrats.

Also, did you modify the title or did it always say that? If so you may wish to change it back as it isn't factually correct. The employer hasn't admitted anything, they've just settled. In most cases when they settle it's because defending the case would be more costly than just settling.

You did one thing very well in this case though, you didn't get too greedy. Had you doubled the amount you asked for you'd have likely been left with nothing.

They admitted racism occurred during my employment in my grievance hearing and in the findings letter they send afterwards. So yes they admitted fault. So they did admit fault but were reluctant to pay out due to me not complaining soon enough. You would have known that had you read my OP.

Marvel1

pinkshoes said:

So ONE person made racist remarks, you didn't report any to HR, you then quit and raised a grievance, this individual has been sacked, manager training in place, and you have been offered your job backwith back pay?

Sounds like the company have acted sensibly. I'm not sure a tribunal would agree with your demands.

The OP stated they went on sick and handed their notice in.

ACG

I do not know enough about employment law, but look at this as the director (taking morals out of the equation).
You want £9k.
They want to pay no more than £2.5k. 
Worst case scenario, you win and they still end up paying out £9k. 
There is no incentive for them to not go through the ACAS route as they will be no worse off. If you do not want to go through ACAS you are going to have to settle for an amount less than £9k - maybe try £4.5k? 

CBoogie

ACG said:

I do not know enough about employment law, but look at this as the director (taking morals out of the equation).
You want £9k.
They want to pay no more than £2.5k. 
Worst case scenario, you win and they still end up paying out £9k. 
There is no incentive for them to not go through the ACAS route as they will be no worse off. If you do not want to go through ACAS you are going to have to settle for an amount less than £9k - maybe try £4.5k? 

This Case has settled at 9k. Thanks.

ACG

CBoogie said:

ACG said:

I do not know enough about employment law, but look at this as the director (taking morals out of the equation).
You want £9k.
They want to pay no more than £2.5k. 
Worst case scenario, you win and they still end up paying out £9k. 
There is no incentive for them to not go through the ACAS route as they will be no worse off. If you do not want to go through ACAS you are going to have to settle for an amount less than £9k - maybe try £4.5k? 

This Case has settled at 9k. Thanks.

Good job I started the post with me saying I have no idea what im talking about lol.
Well done, nice one for seeing it through. 

jobzwo888

Similar has happened to me in two jobs actually. I raised a grievance and the manager went on sick then left, so it was not taken any further. Personally If you know where they work now, I would call in to the HR dept of their new company to put an anon warning in so if they do it again at their new job to someone else , its on record.
Also yes go the tribunal you have nothing to lose. I took my a different employment case to the tribunal and was awarded £15k with no representation (lawyer). 
However this company then went into immediate liquidation to avoid paying me my award.
So be careful in regards to this too.

elsien

jobzwo888 said:

Similar has happened to me in two jobs actually. I raised a grievance and the manager went on sick then left, so it was not taken any further. Personally If you know where they work now, I would call in to the HR dept of their new company to put an anon warning in so if they do it again at their new job to someone else , its on record.
Also yes go the tribunal you have nothing to lose. I took my a different employment case to the tribunal and was awarded £15k with no representation (lawyer). 
However this company then went into immediate liquidation to avoid paying me my award.
So be careful in regards to this too.

Have you actually read the thread - OP has already settled the case.
Plus I can’t see that an anonymous call to a new employer from some random possibly vindictive person is ever going to kept on record and used against a person in the future.