ET form advice

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Les79
Les79 Posts: 1,337 Forumite
edited 23 October 2019 at 5:51PM in Employment, jobseeking & training
resolved ty all

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  • polgara
    polgara Posts: 500 Forumite
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    To be fair - without knowing the ‘dubious reason’ it’s hard to advise.
  • nicechap
    nicechap Posts: 2,852 Forumite
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    "Please indicate the type of claim you are making by ticking one or more of the boxes below."

    Tick unfair dismissal and the relevant equality category.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Les79
    Les79 Posts: 1,337 Forumite
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    nicechap wrote: »
    "Please indicate the type of claim you are making by ticking one or more of the boxes below."

    Tick unfair dismissal and the relevant equality category.
    Would unfair dismissal fall under that? I've been so focused on the discriminatory element that I don't understand "unfair dismissal" but it seems right....
  • nicechap
    nicechap Posts: 2,852 Forumite
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    Is there such a thing as fair discrimination under the equality act?
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    nicechap wrote: »
    Is there such a thing as fair discrimination under the equality act?

    In the case of indirect discrimination the employer can argue that the provision, criterion or practice that is supposedly indirectly discriminatory is a proportionate means to achieve a legitimate aims and therefore justified.

    In terms of unfair dismissal, then I don't see why not if there is suitable alternative employment available that the company did not put the employee forward for. Similarly they should consider 'bumping' other employees if there are other roles in the business that the employee in the redundancy pool could do.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Les79
    Les79 Posts: 1,337 Forumite
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    Masomnia wrote: »
    In the case of indirect discrimination the employer can argue that the provision, criterion or practice that is supposedly indirectly discriminatory is a proportionate means to achieve a legitimate aims and therefore justified.


    Indeed! You're absolutely spot on.


    The "legitimate aim" can probably be justified to be fair, but the "proportionate means" is the main issue and I don't feel the employer can meet this. Both limbs are considered separately.


    That's discounting the possibility of direct discrimination too, of which there is evidence to support this.


    In terms of unfair dismissal, then I don't see why not if there is suitable alternative employment available that the company did not put the employee forward for. Similarly they should consider 'bumping' other employees if there are other roles in the business that the employee in the redundancy pool could do.
    Cheers!


    I merely want to tick the right boxes when I submit the ET form and I never really considered the definition of "unfair dismissal".
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