Discrimination Tribunal

sheilatakeabow89

Hello, 
Hoping someone can help. I have an employment tribunal for maternity discrimination coming up and when swapping documents it has come to light that no risk assessment was done for me in a high risk environment. 

I didn’t include it as one of my points in the ET1 or mention it at the preliminary because I assumed that perhaps one was done without my knowledge. It now seems that I would have had to be talked through the findings and perhaps have signed one. I was never briefed on any and certainly didn’t sign one. 

The tribunal isn’t until the end of the year, is it too late to bring this to the attention of the tribunal as part of my case or can I not mention it as the time to log the discrimination has passed. This is new information to me, but I understand if the issue is too late in the game to bring up. Or can I ask for an amendment on my claim? 

Brynsam

There's a very clear and quite recent article which should help: https://www.warnergoodman.co.uk/site/blog/news/can-i-amend-my-employment-tribunal-claim-form-once-its-submitted

Lomast

How do you know one was never completed? I have done several maternity risk assessments at two different employers and have never discussed them with the employee apart from making them aware of any precautions put in place.
It is also possible that there is a general maternity RA already in place and so It was not necessary to do one specifically for you

nicechap

sheilatakeabow89 said:

Hello, 
Hoping someone can help. I have an employment tribunal for maternity discrimination coming up and when swapping documents it has come to light that no risk assessment was done for me in a high risk environment. 

I didn’t include it as one of my points in the ET1 or mention it at the preliminary because I assumed that perhaps one was done without my knowledge. It now seems that I would have had to be talked through the findings and perhaps have signed one. I was never briefed on any and certainly didn’t sign one. 

The tribunal isn’t until the end of the year, is it too late to bring this to the attention of the tribunal as part of my case or can I not mention it as the time to log the discrimination has passed. This is new information to me, but I understand if the issue is too late in the game to bring up. Or can I ask for an amendment on my claim? 

Its generally helpful for readers to keep information to one thread.  https://forums.moneysavingexpert.com/discussion/6128844/employment-tribunal-non-compliance-of-orders#latest

The link by Brynsam is a very good starting point. 

Given your ex-employers intransigence about supplying any documents how do you actually know whether one was done or not?  And, crucially, does it change your claim about maternity discrimination?  If you were being aided by your union or professional legal advice you could discuss how the absence of the assessment could be used to your advantage.  E.G do you keep silent and ask them for it when they take the stand? or do you ask for it now and see if they 'create' one (which would really undermine their case if signed by someone who wasn't employed there at the time or the timestamps on the electronic files show it was newly created).

Its a shame Sangie isn't allowed to post here anymore, she has an incredible amount of knowledge about maternity employment rights.

robatwork

nicechap said:

Its a shame Sangie isn't allowed to post here anymore, she has an incredible amount of knowledge about maternity employment rights.

Too true. "Don't bite the hand that feeds you".

Someone bit it.

csmw

This may help its taken from the HSE website

Nothanks

Its a shame Sangie isn't allowed to post here anymore, she has an incredible amount of knowledge about maternity employment rights.

So I was out of the forums for the last year or so; what happened so Sangie? She was a legend with E/L. 

On topic - are you a litigant in person OP?

sheilatakeabow89

Nothanks said:

Its a shame Sangie isn't allowed to post here anymore, she has an incredible amount of knowledge about maternity employment rights.

So I was out of the forums for the last year or so; what happened so Sangie? She was a legend with E/L. 

On topic - are you a litigant in person OP?

Sorry for being muddled and just clambering for advice. Yes, I’m a litigant in person. The risk assessment not being done is still a guess but I’ve seen the template the company uses and they’re to be signed by the employee which I didn’t do. Wasn’t briefed about anything and it’s a high risk environment. They’ve made mention of another persons risk assessment in their resistance but not mine (presumably because I didn’t have one). Again, I am making assumptions but these all sound to me like one wasn’t done for me without my knowledge. 

I have read that it’s not necessary to have one, but have also read in other employment tribunal judgments it has been ruled that no risk assessment is automatically maternity discrimination. I wish I had the advantage of some kind of legal help but I’m between a rock and a hard place. Not entitled to legal aid but not a penny spare and struggling as it is. Local citizens advice said they don’t do employment law and the local universities have ended their help for the year. Kind of stuck and trying to figure this all out alone! 

sharpe106

I have read that it’s not necessary to have one, but have also read in other employment tribunal judgments it has been ruled that no risk assessment is automatically maternity discrimination. I wish I had the advantage of some kind of legal help but I’m between a rock and a hard place. Not entitled to legal aid but not a penny spare and struggling as it is. Local citizens advice said they don’t do employment law and the local universities have ended their help for the year. Kind of stuck and trying to figure this all out alone! 

You will probably find that was for when no risk assessment had been done at all. An assessment has to be done but they do not have to do an individual for each person.

nicechap

https://www.gingerbread.org.uk/information/legal-help-and-responsibilities/getting-legal-help/

Lots of other women's charities offer free legal advice on a range of subjects too. 

DCFC79

Nothanks said:

Its a shame Sangie isn't allowed to post here anymore, she has an incredible amount of knowledge about maternity employment rights.

So I was out of the forums for the last year or so; what happened so Sangie? She was a legend with E/L. 

On topic - are you a litigant in person OP?

I think Sangie gave advice to a newbie who didn't like (not what they wanted to hear) the advice and it meant she was banned, she might even be posting on another forum.