Taking my Employers to Tribunal for Disability Discrimination

cupcake88

Hi every one I just thought ill update you I have  a date for the pre hearing for the employment tribunal .  Theres some things we both have to fill out and send to each other and to the tribunal so they should take it more serious now . Thanks for every ones support it keeps me going 

janer1967

That's great news and good result that they are hearing  your case 

Keep positive and stay strong 

cupcake88

Yeh the fact the tribunal are taking it serious and there nor giving my employer the chance to delay or stall any more so they have no choice but to deal with what they have done according to what the tribunal said it says that acas will contact again I didn’t know acas contacted you again I thought it’s only if the other side want to settle I’ll keep going every one don’t worry . 

janer1967

Its good ACAS will be contacting you again it may be again to look at out of court options like conciliation, but that will depend on your employers response.

Really good though that it is moving forward for you

cupcake88

I feel like if I prepare for court now then I don’t have to spend the next two months not having a clue it’s best to prepare now because it be over the phone I have to send all my medical edvidence off to them and also I think I have to send it to my Old employer as Well which to be honest I don’t want them having access to my medical documents But I think
i have to send them to them . It’s not my problem if they wanna mess Bout and ignore because a judge can rule in my favour then so it’s unlikely they will not respond but it be some rubbish because I don’t see how they can back up what there saying because they have done no investigation I found out today that one of the staff members who called me retarded he was just sacked for asking many staff what colour Under wear did they have on so I suppose that don’t look good already for them that they’ keep people on like that . It’s going to be a 2 hour phone call im guessing like a conference call . 

Correct if I’m wrong but is the hearing to decide whether it gets thrown out or whether it goes to the next stage ? 

Would I need to prepare every thing I want to mention .  And send all my edvidence over . 

cupcake88

@janer1967 hi Janer sorry to bother you  have been so helpful but can I just trouble you again to ask you some thing . For the pre hearing would I need to prepare a full booklet with every thing or Is that for the main . I’ll have to send stuff off to the tribunal . I have to wait 28 days to receive the copy of there et3 and then I can then respond to that and ask for what I need etc but I always have asked them for stuff and they have completely ignored me . It might be different when they see the letter from the tribunal it might make them take note but I think there gonna still try and get out of it and stall etc and I think they just need to actually take it serious I’m preparing all my edvidence and all what happened so I’m all prepared also employment tribunals get printed on the internet so if this just go to a pre hearing this will be online for every one to see even my personal life struggles . But I’m prepared because it’s not on the way they have behaved , I have been reading some online to just get a feel of what happens in a tribunal and most were withdrawn especially cases again like care homes they seem to be withdrawn . 

From your experience when you was hr I know you said you didn’t have any discrimination cases but was you the one who went to court and spoke on behalf off the company ? Or did they have a solicitor I really hope they don’t have any legal representation I  doubt it because it’s special . If they try and argue the fact the name is wrong again I will send off a copy of my pay slip and p45 to them and the tribunal and make it clear so they don’t try and then use that  to worm there way out a situation again . 

Would there hr have to prove they did look into it and that staff were dealt with would they need to supply proof because what worries me if they now try and draft a investigation up now and made out it was done back then ? 

There going to have a hard time explaining there email and the pure delay tactics and messing about and the way I was treated . It’s making all nervous . In your experience did your company ever settle ? And if they do do they usually wait to the last minute . I still think I need to fully prepare for tribunal 

janer1967

Hi again 

I would prepare everything for pre trial will do no harm. 

If they dont supply what is asked they will have little defence 

I attended as HR manager in cases of unfair dismissal where myself and manager had done the dismissal I worked for a very large company so solicitors were always presenting the case 

I have viewed others as spectator and saw some good cases put forward from people representing themselves 

My company never went to court if they could avoid it so very few ended up there 

cupcake88

This is what I’m hoping they carry on with there messing about ways then it’s in my favour but I actually acknowledge ment to what they done. 

I’m preparing my partner said he don’t think it will go to
pre hearing because there not going to want to be on google but I don’t think it will bother them a lot of people know I’m taking legal action against them so there not gonna wanna look weak in front of staff . So I’m mentally preparing my self . They let me have a pre hearing so the tribunal clearly think I have chance and deserve to be heard . I have asked for all data on my self they hold and they haven’t responded , I asked for proof Action take towards the bullies , details of the missing pension , explanation to why people with mental illness are treated different . Why they don’t follow the equality act . 

I think I’m allowed to ask them questions  it Does give them another chance I ignore  me But I have given them the chance and they waste time . 

cupcake88

@janer1967 hi janer how are you sorry to bother you but I was just wondering some thing . I found out from my friend that two of the people my complaint was about aren’t there any more so I doubt they have even done investigations which do you think will go against them ? I’m really nervous for this pre hearing . Been preparing my self for it and getting legal advice .

a lot of disabled people have to represent them selves which I just think is wrong that we are expected to do that . I think if they was going to settle out of court they would of done it by now . Do employers usually reply back to the et1s straight away . 

Also they still haven’t got back to me bout the pension money they stole from me so I’ll be bringing that  up , 

I’m just worried with what there going to come up with it’s all so stressful . 

janer1967

Hi again 

Employers will go as far as they can b4 settling out of court hoping you back down so can settle at last hour I have seen some settle at court just before case is to be heard 

If it is critical to case employees that have left will be asked to provide statement 

Employers are given set date by which they have to respond to ET1 

Try and stop stressing about it all easier said than done and I agree but not just disabled people not many get support with tribunal unless they are prepared to pay for it 

cupcake88

Yes that’s absolutely right it costs doesn’t it and a lot of people just don’t have the money . Thank you so much for replying I hope I’m not bothering you you have really helped every one on here has . 

Oh really see I would think why would employers go threw doing all the paper work etc and then backing down prob if they think there gonna loose . Yeh they have 28 days . I’ll try my best not to worry . When these things go to tribunal they go up on the gov site don’t they for the world to  see . 

I’m trying my best not to panic I’m pretty much all prepared 

janer1967

Your not bothering me at all I'm here to help anyway I can 

cupcake88

@janer1967 I can’t thank you enough for replying to me such a amazing help you are . Your advice has really helped . I’ll only settle out of court for a good amount and depending on how far they want to long it out .

i have heard employers settle like out of court just before .

I have a feeling they won’t even respond to my et3 form . 

Scottyboy

Hi cupcake.
I have had to leave at least 2 jobs in the past because of subtle unconscious bias and negative comments from colleagues. I have tried to report things in the past, but sadly I have seen 1 previous employer "pull ranks" by ensuring that statements they take from other people discredit my statements. Employers know how serious discrimination can be but also it is rare to see any employer being found guilty - but I wish you luck.
I have been advised to use a recording device.by a friend but I don't think it can be used during the initial investigations, but I always think that they are useful to use as a last card in your favour, because things become "your word against theirs" usually, but when things/people are recorded saying nasty comments, then they can't manipulate statements against that can they?
I would get some free legal advice about using a recording device in future at any future hearings as I'm not sure where the land lies on it.
But I know how you must be feeling at the moment. Sadly the work place has a long way to go to be truly transparent in such cases.
But I wish you well

cupcake88

Hello thanks again for great advice Unfortuently unless you have 15 k plus spare you can’t get legal representation. I have managed to get legal advice tho which has been helpful . I’m going to have to represent my self . 

I know the truth and the facts and that’s all I can stick to . I think the most damming edvidence I have is the owners email where she states what she thinks of people with mental illness and now as a company they don’t care . It shows that they knew and didn’t care which I’m sure is against the equality act . I have literally been preparing so im
one step ahead of them because I know there be messing about and arranging nothing . So I want to be prepared as much as possible . 

Scottyboy

Hi cupcake88.
For basic legal advice you could try CAB for free. Just one more quick tip that you may not of thought of. The email is great so on that note put in a Freedom of Information request to the company's HR department for all emails and messenger communications that mention your name for your manager, colleagues that were negative towards you as this may show up other instances that they have wrote things on messenger and email regarding you. So put in a freedom of information request for all correspondence where your name is mentioned (this they have to give you by law)
Any extra derogatory comments from anybody else will help your case and add weight to your argument!
I hope you don't mind me trying to help. I want to see justice for people that face difficulties and as I have made mistakes over similar things to this in the past myself, I want to try and help you as best I can :-)
x

cupcake88

I have already asked them loads for access to there cctv cameras ? And to have access to all data they have on my self and they avoided it and not bothered . 

cupcake88

I was called retarded in front on a camera again they didn’t respond about that . I don’t think they have even investigated it yet . 

cupcake88

I guess that will be down for them to explain is that correct @janer1967 if they refuse to supply me with the information It looks bad on them ? 

janer1967

You have a right to see what they have on your own employment file as for CCTV I'm not too sure it maybe that tribunal can request to view it if they think it is applicable but if it was while back they could claim they no longer have it