Employment Tribunal Matters
Krzysztof Potempa
Dreamster dedicated to the prevention and treatment of mental health disorders that affect at least 1 in 6 people worldwide!
This review asks: How do Employment Tribunals work? How effective is the system? What does the Equality Act 2010 protect? How to decide whether to settle or fight? What kind of claim could you have? What are top tips on making a claim? What are the time limits for Claims? What steps should you take before completing the employment tribunal claim form? How to work out how much compensation you could get for discrimination? When to use an employment tribunal? What are the Employment tribunal costs in 2020/2021 What to do after completing the employment tribunal claim form? Responding to an employment tribunal claim: five tips for employers? What ET1 claims look like for unfair dismissal, pregnancy discrimination; unfair redundancy and equal pay; pregnancy: Adjustment Failure; Pregnancy: Unfavourable treatment and redundancy dismissal; Breach of the right to return following maternity leave, i.e. old job not returned following maternity leave ending; Breach of flexible working regulations and part time work refusal; WHISTLEBLOWING claim; Unfair redundancy and equal pay
Source: Acas Early Conciliation decision-making
How do Employment Tribunals work?
How effective is the employment tribunal system?
While the employment tribunal system plays a vital role in upholding the rights of employees, you should be aware that – like any system – it is far from perfect. For example: (i) The employment tribunal system suffers from chronic under-funding, which means that delays are rife; (ii) The employer usually has greater resources than the employee to fight a case in the employment tribunal; (iii) The employer usually controls the evidence in employment tribunal cases; (iv) Employment tribunal outcomes are not always predictable (1)
Financial awards associated with employment tribunal claim?
There is a long list of claims which you might have (see employment tribunals claims list) but for our purposes here, they can broadly be broken down into the following: i) Unfair dismissal and constructive dismissal (compensatory award in unfair dismissal (including constructive unfair dismissal) claims which is the lower of ￡88,519 or 12 months’ gross pay (as at April 2020); ii) Discrimination or whistleblowing (no upper limit to the award for compensation, although it is difficult to prove. You may also be awarded an amount for ‘injury to feelings’ that reflects how serious the discrimination was. This can vary from ￡900 to ￡45,000 (as at April 2020)); Breach of contract (There is a ￡25,000 limit in the employment tribunal for breach of contract claims, such as not being paid your notice period or wages, or for share options); Other including (wrongful dismissal) or claims under TUPE (1)
What does the Equality Act 2010 protect?
The Equality Act 2010 states that discrimination can come in any of four forms. Direct discrimination; Indirect discrimination; Harassment; Victimisation. See other types of discrimination in the workplace. For example, age discrimination in the workplace can be experienced in several ways. It is most common amongst older employees, but can be experienced by younger people as well (see Age Discrimination at Work | Workplace Discrimination Solicitors (monacosolicitors.co.uk))
How to decide whether to settle or fight?
- Control the amount of legal costs and time that is poured into defending an employment tribunal claim.
- Do not allow a point of principle (for example, the wish to defend an unmeritorious claim) to take precedence over straightforward economics.
- Make an informed decision about resourcing or settling the claim, based on the overall size of the claim.
- Be realistic about the chances of success in defending the claim.
- Bear in mind the amount of compensation that a successful claimant is likely to be awarded.
- Think through the wider implications (for example, potential negative publicity) of fighting an employment tribunal claim.
- Be aware that full vindication for either party is rare from an employment tribunal.
See Taking action about discrimination at work - Citizens Advice:
You can use our in-depth materials on discrimination at work to help you with your employment tribunal claim.
If you haven't already checked, make sure your problem is covered by the Equality Act - check if your problem is discrimination.
If you haven’t already, start gathering evidence to back up your complaint.
Think about getting help before you complain.
work out how much compensation your case might be worth
raising a grievance and appealing a grievance outcome
what to expect when you attend a grievance meeting
Find out how early conciliation works
More help with your employment tribunal claim
Negotiating and settling your discrimination claim
Making a late claim about discrimination in the employment tribunal
Adviser tool - getting the facts: first steps in gathering and organising evidence
Assessing the merits of a discrimination claim and using a case plan
Adviser tool: Analysing your client’s discrimination problem
Proving a discrimination claim in the employment tribunal
Starting a discrimination claim: completing the ET1
ET3, case management and preliminary hearings
Getting medical evidence about discrimination
Preparing evidence for an employment tribunal
Witness evidence in the employment tribunal
At the employment tribunal hearing and beyond
How To Prepare For An Employment tribunal Preliminary Hearing | Lawble
The pitfalls of failing to complete your ET1 claim form correctly (harpermacleod.co.uk)
ET1 Grounds of Claim for unfair dismissal and whistleblowing (truthlegal.com)
ET1 Grounds of Claim for unfair dismissal and whistleblowing (truthlegal.com)
What are top tips on taking a claim to an employment tribunal?
1. Try and settle your case before you reach the employment tribunal (1)
2. Watch out for employment tribunal time limits (1)
3. Try to be selective about the claims you make.. If you include weaker allegations they can detract from stronger ones. It’s better to focus on the allegations that are the strongest, most serious and most recent. When you make multiple allegations it becomes difficult to gather evidence to prove them all, and could mean a longer hearing (as the witnesses will have to give more evidence). Claims can include Indirect discrimination, Direct discrimination, Victimisation, Failure to make reasonable adjustments, Discrimination arising from disability.
4. See --------------------------------------------------------------------------------- (dls.org.uk) for tactics guide to representing yourself at the Employment Tribunal
5. See Proving discrimination in the employment tribunal | by Expert Advice | Adviser online | Medium
6. See Assessing the merits of a discrimination claim | by Expert Advice | Adviser online | Medium for steps to take to Identify your legal claims, Gather the facts about your discrimination claim, Identify what evidence you have and how strong it is
Making a case plan in a discrimination claim and assess whether you’re likely to win
If you are representing yourself at a hearing, the case plan can help you plan your cross examination. Where you can prove a fact through questioning witnesses in cross examination (eg an admission by a manager that they did not interview a relevant witness) then you can make a note on your case plan that facts can be proved by “Cross examination of Respondent’s witness Joe Bloggs ”.
7. See Adviser Tool: Analysing your client’s discrimination problem | by Expert Advice | Adviser online | Medium to help you identify your claims and the legal issues in the case (Direct discrimination, Indirect discrimination, Harassment, Victimisation, Failure to make reasonable adjustments, Discrimination because of something arising in consequence of a disability). For example:
Victimisation is when you are treated badly because you complained about discrimination or stood up for discrimination rights. Key elements of the Equality Act definition: Firstly, you have to show that you did a protected act. Secondly. that you were subjected to a detriment: treated badly or disadvantaged in some way. Thirdly, you must show that you were treated badly because of the protected act. There must be a link between the two (the causation). The Tribunal will need to decide What was the protected act? Were you subjected to a detriment? What was that? What is the link (‘causation’) between the protected act and the detriment? Did you act in good faith?
Pregnancy and maternity discrimination is when you are treated badly because of something to do with your pregnancy or maternity. Key elements of the Equality Act definition: Pregnancy discrimination is only unlawful if it happens within a ‘protected period’ of time. It is important to explain that, and what to do about discrimination that happens outside that period of time (consider sex discrimination). It is about being treated badly — the Act says ‘unfavourable treatment’. That means there is no need to compare yourself to another worker. Check your other employment rights relating to pregnancy eg around redundancy, risk assessments, automatic unfair dismissal. The Tribunal will need to decide: What was the unfavourable treatment? Was it because of your pregnancy, or illness related to your pregnancy? Was it because you were on maternity leave or you wanted to take maternity leave? What kind of maternity leave? Did the unfavourable treatment happen in the protected period?
What are the time limits for Employment Tribunal Claims?
Working Families | Time Limits for Employment Tribunal claims - Working Families
For all claims at the employment tribunal, the time-limit is 3 months less 1 day from the act of discrimination, for example:
- Dismissal due to pregnancy on 3 October 2017. Last day for presenting Claim – 2 January 2018.
- Decision not to promote Claimant because she is pregnant. Decision made 8 September 2017. Last day for presenting Claim – 7 December 2017.
The time limit usually runs from when a decision not to promote or appoint is made, and not from when the decision is communicated to the worker. If the Claimant wants to complain about several separate discriminatory actions within the same Claim, she must count the time from each action. So time will run from the date of the earliest event. For example, if the employer decided on 8 September 2017 not to promote the Claimant due to her pregnancy and on 3 October 2017, dismissed her because of her pregnancy, the time-limit for keeping both Claims in time is 7 December 2017.
The Claimant can refer to earlier incidents which are out of time as supporting evidence.
In some situations, the discrimination amounts to a continuing action, in which case, time continues to run until the discriminatory action stops or the Claimant leaves the employment. A Claim may be accepted outside the time limit if facts have come to light after the time limit has expired which the Claimant knew nothing about. For example, a woman made ‘redundant’ while on maternity leave discovers some months after her dismissal that her post was not really redundant at all and has been filled by someone else. In such a case, the tribunal must consider whether or not it was reasonable for the Claimant to realise she had a claim before the new facts came to light. Even if a worker and employer are going thought an internal grievance or disciplinary procedure, this does not extend the time limit by which the Claim must be made to a tribunal. Workers should be wary of long-drawn-out procedures by employers in an attempt to take the worker outside the time limit for making a Claim (3).
Examples of situations where you might be allowed to make a late claim:
- you were under 18 when the discrimination happened
- you’ve been too ill to take legal action (it doesn’t have to be illness caused by the discrimination)
- you didn’t realise that you could make a claim
- you didn’t understand there was a time limit, or someone gave you wrong advice about the time limit
- you misunderstood the time limit (particularly in cases where you are saying your employer failed to make adjustments for your disability, where it can be difficult to work out the time limit)
- you were trying to solve the problem with your employer and missed the time limit
What steps should you take before completing the employment tribunal claim form?
1. You need to have met all the necessary and very strict, deadlines to make an employment tribunal claim (see our article on Employment tribunal claims: time limits).
2. You should have obtained the Acas certificate referred to below and in our overview article on Employment tribunals.
3. You need to have checked out in advance the type(s) of claim(s) you are making. It’s important to set out all legal complaints in the ET1. For example, if you want to claim both unfair dismissal and pregnancy discrimination then you should say this – don’t leave one of them out as it will be difficult to amend your claim at a later stage. See Employment tribunals types of claims for a list of possible claims. You can then complete the claim form knowing that you have done everything necessary prior to submitting a claim. The claim form is called an ‘ET1’ and is used for making a complaint or claim to the employment tribunal. The form must be completed in full and sent into the employment tribunal system in order to make (or ‘file’) a valid claim. A lot of the form is concerned with general information, such as the name and address of you and your employer and your dates of employment (4)
Legal letter templates for employees | grievances, negotiations, redundancy etc | Monaco Solicitors
Use the ET1 claim form to make a claim to an employment tribunal if you think you've been treated unfairly by your employer, potential employer or trade union (1). You can complete this pdf ET1 - Employment tribunal claim form (publishing.service.gov.uk) or Make a claim to an employment tribunal - Gov.uk (employmenttribunals.service.gov.uk) online. Completing the ET1 claim form Various details need to be completed on the form, eg name, address and pay. At box 8.2 of the new form, the worker needs to write a short statement setting out her Claim. This can be written by the worker or her representative, and in the first person or the third person.
How to work out how much compensation you could get for discrimination?
Work out how much compensation you could get for discrimination - Citizens Advice
To work out how much you can ask for, you need to consider what a tribunal can order your employer to pay you if you win your discrimination claim. The tribunal can order them to pay compensation for:
- any money you've lost because of the discrimination - this is called financial loss and covers loss up to when you’re likely to get a new job if you’ve lost your job
- hurt or distress you've suffered because of the discrimination - this is called 'injury to feelings'
- a personal injury, such as depression or a physical injury, caused by the discrimination
- particularly bad behaviour by your employer - this is called ‘aggravated damages’
You might have other claims as well as discrimination. Those claims have different rules about compensation. The most common claims that people have with discrimination claims are for: unpaid wages, unpaid holiday pay, failure to follow the flexible working procedure
If you’ve lost your job, you might also be owed notice pay, redundancy pay and a basic award if you’ve been unfairly dismissed and have worked for your employer for more than 2 years. Add these sums to your claim or make sure they’re included in a settlement agreement. You should draw up a list of the amounts you’re claiming. This list is called a ‘schedule of loss’. Working out how much compensation you could get will help you decide what to do if your employer offers you money to stop the case from going to tribunal. You might be able to claim loss of earnings and other expenses if, for example:
- the discrimination caused you to suffer depression and you can’t work because of it
- you can’t work because your employer won’t make adjustments for your disability
- you’ve been forced to go off sick because your employer won’t take steps to protect your health and safety while you’re pregnant
You can get compensation for any money you’ve lost because of the discrimination. This could be the difference in salary if you didn’t get a promotion. As a starting point, work out what your losses would be if it takes you a year to find a job which pays the same as the promotion. A tribunal would consider how long it’s likely to take for you to find something similar to the promotion - with your current employer or another one. You’ll need to show that you’re applying for promotions elsewhere. If you lost wages because you were off sick, work out the difference between what you earned and what you would have earned if you hadn’t been off sick because of the discrimination.
Example: Sally’s dismissed when she’s 4 months pregnant. She would have worked right up to a week or two before her due date then taken her full year’s maternity leave and gone back to work afterwards. She’ll get Maternity Allowance but won’t be entitled to Statutory Maternity Pay (SMP). If she hadn’t been dismissed, she would have been entitled to SMP. She thinks it will take her 6 months to find a new job.
She can claim:
- what she would have earned between her dismissal and the start of her maternity leave
- the difference between what SMP she would have got and what MA she will get
- 6 months’ pay because that’s how long she thinks it will take her to find a new job once she’s ready to go back to work
When might a tribunal increase your compensatory award?
An employment tribunal may decide to increase compensatory award by 25% if your employer didn't follow the ACAS Code of Practice on disciplinary and grievance procedures. This doesn't apply to redundancy dismissals (e.g., deal with issues promptly; not unreasonably delay meetings, decisions or confirmation of any decisions). This does not apply to redundancy dismissals.
When to use an employment tribunal?
If you have a claim against your employer for any breach of your working rights (aside from personal injury arising from an accident at work), then the chances are that any claim you need to make to enforce those rights would be brought in an employment tribunal. Although employment tribunals are free to use, it is worth bearing in mind that even though there are no fees, other costs may well be incurred (1).
For more detail, see our article about costs associated with employment tribunals. (That article also explains the meaning of a term you may have come across: ‘without prejudice save as to costs’.)
What are the Employment tribunal costs in 2020/2021?
Nowadays (2020/2021) claimants do not have to pay a fee to bring a case to an employment tribunal. It’s been like that since 2017, when the Supreme Court held that legislation which existed then, and which required employees to pay a fee, was in fact unlawful. But whilst there is presently no fee for lodging a claim at an employment tribunal, or to attend a final hearing, there are other costs involved, as this guide outlines. Employment Tribunal Costs 2020/2021 | Monaco Solicitors
How to fill in the ET1 form online?
Your information
Name and Address – Self-explanatory
Group Claims – Select ‘No’ unless you are making a claim with others based on the same legal basis
Representative’s Details – Complete if you have instructed a solicitor or other organisation to represent you during the proceedings.
Respondent’s details
Name of Respondent – this should be the correct legal title for your employer and should match the information that you provided to Acas during the Early Conciliation Process.
You should provide the head office address, postcode and telephone number
An additional box will appear if you worked in a different place to the main or head office
Do you have an Acas Early Conciliation Certificate number? – Enter your certificate number in this part of the form. If you don’t have one then you need to get one, unless one of the exemptions apply. Access the Acas form here. This is a free service.
You will then be contacted by Acas. Once they’ve tried and failed to negotiate a settlement, or if you tell them to issue a certificate prior to that point, they will issue you a certificate. This just ensures that all claimants have at least attempted to settle out of court.
The Early Conciliation period affects the time limits for bringing a claim which is discussed in more detail in our article on ‘Time Limits for Employment Tribunal Claims’.
Do you wish to add additional respondents? – There may be additional Respondents in some types of discriminations claim and other companies if your employer changes whilst you were employed. For example, if there was a TUPE transfer.
Were you employed by a Respondent? – highly likely that the answer will be yes but you are asked to explain if you are still employed, working your notice period or no longer working for this employer.
‘Details of claim’ in the ET1 form
You are then asked to provide information about the claim types you are pursuing: (i) Unfair Dismissal; (ii) Protective Award; (iii) Discrimination; (iv) Pay; (v) Other type of claim; (vi) Whistleblowing claim. The ET1 form allows you to set out your complaint under the heading ‘details of claim’. This is your opportunity to explain to the tribunal – and to your employer – what it is that you are aggrieved about. You don’t need to provide witness evidence or lengthy legal argument at this stage but it is helpful to include:
- The facts of the case – what you say happened.
- Evidence – why you say the tribunal should accept your version of events. Is there an email or a statement that backs you up? If there is, then refer to it.
- Claims – what kind of claims are you making? Unfair dismissal? Sex discrimination? Maternity discrimination? Holiday pay? Then say so.
- Legal argument – why should your claims succeed? This does not have to be lengthy but it is helpful if you can point to any pieces of legislation or judgements that you are relying on.
- Remedy – what is it that you are asking for? If you have been dismissed do you want your job back? Or are you seeking compensation?
In our view it is usually better to concentrate on 1, 3 and 5 in the complaint to the employment tribunal.
It is important to get the right balance in your claim. Don’t be too brief, so for example simply saying; ‘I was dismissed on [date] . I have been unfairly dismissed and I am seeking compensation’ is unlikely to be enough. On the other hand, the tribunal does not want to see pages and pages of verbatim discussions or long quotes from policies or correspondence.
A good way of testing whether a claim has included everything that it should is to ask yourself; ‘if I prove everything I have set out here, will I win the case?’ If the answer is yes, then it’s probably good to go. If the answer is no, then you probably haven’t included everything you should have.
If you are only going to use a lawyer for one thing in your employment tribunal claim, then use one to complete the ET1 details of claim. This document will be referred to again and again throughout the case, and if anything important is missing, especially a type of legal claim which you didn’t think about, then you will probably find that you are out of time to add it in at a later stage – the three month time limit will probably apply. So build your tribunal claim on the solid foundation of a professionally drafted ET1.
Claims Details – this is the most important section. It’s often advisable to instruct a lawyer to draft this part. If you want to do it yourself, some free templates which you can attach to your claim are available. (there is a limit of 2500 characters on the form itself but is possible to upload a text file). Make sure that your text file has been correctly uploaded.
Similar Claims – Do you know if other claimants are making a similar claim? Self-explanatory
Claim Outcome – What you want if your claim is successful? Most people will say compensation only but it is worth asking for recommendations and in some cases, there can be tactical reasons to ask for your old job back or another job with the same employer
What compensation or other outcome are you seeking – you can write ‘damages’ (this is standard and it gets assessed much later) (4) or be more specific [1] Damages for unfair dismissal; [2] Damages for wrongful dismissal; [3] Damages for victimisation caused by whistleblowing; [4] Damages for lack of employment particulars; [5] Any other remedy as the court thinks fit
Section 8.2: the background and details of your claim
Source: Starting a discrimination claim: Completing the ET1 | by Expert Advice | Adviser online | Medium
Question 8.2 of the ET1 requires you to set out the background and details of your claim. This means you must tell the tribunal:
- what happened to you (the ‘facts’) and
- give the legal basis of your claim, such as the protected characteristic your claim is based on, and the type of discrimination such as direct, indirect or failure to make reasonable adjustments
It’s usually best to divide it into 3 sections:
- background and short description of your claim
- the facts
- the legal claims/ law
You can write section 8.2 on a separate document and attach it to your form, but make sure you say in section 8.2. that a separate document is attached.
Write in numbered paragraphs.
The next few sections give guidance and examples of how to complete and ET1. Each case is different so you should focus on your own relevant facts. These materials are a guide only and are not a complete section 8.2 of your ET1 in every instance.
Introduction
Start by stating how the protected characteristic applies to you, if it needs stating, and give brief details. Explain what sort of claim you are making.
Where the protected characteristic is disability set out in more detail the facts which mean that you meet the definition of a disabled person within the Equality Act 2010.
The background to the events that your claim is about
Give a brief background history of your career and of your employment with the respondent before the discrimination began. If it is relevant and accurate, point out that until the discrimination began, you had a good employment record with no disciplinaries or time off.
The facts
You need to make sure you
- explain every incident that you are claiming was discrimination (if there’s more than one) and
- include enough detail so that the tribunal and your employer can understand what your complaint is about
You don’t have to include lots of detail — just enough that your complaint is clear. You will be able to give more detail when you give evidence to the tribunal.
Set out the facts clearly, concisely and in date order. Refer to other people by their full names if you know them, and give their job titles the first time they’re mentioned.
Try to be selective about the claims you make.. If you include weaker allegations they can detract from stronger ones. It’s better to focus on the allegations that are the strongest, most serious and most recent. When you make multiple allegations it becomes difficult to gather evidence to prove them all, and could mean a longer hearing (as the witnesses will have to give more evidence). Claims can include Indirect discrimination, Direct discrimination, Victimisation, Failure to make reasonable adjustments, Discrimination arising from disability
The dates when things occurred are important, because of time limits and so the tribunal can follow what happened. If you can’t give a precise date you need to narrow it down to a week, month, or point of the year when it occurred.
If you are describing something like continuing harassment, you can give the period over which it occurred, and exact dates of individual incidents when you know them.
You’ll need to work out whether a series of individual incidents can be classed as a single continuing act of discrimination ‘extending over a period of time’. This is where they’re linked to each other, for example if your employer uses homophobic language to describe you on several occasions or continues to apply a discriminatory policy to you.
If the incidents are linked, the law calls them a ‘continuing series of acts’ a ‘continuing act’ or an ‘act extending over a period’. The time limit for starting Acas early conciliation runs from the last day of the period, and so where Acas early conciliation begins within three months, minus 1 day, of that date, the whole series of acts is included in the claim and is in time. . This is covered in section 123(3)(a) of the Equality Act 2010.
If the incidents are not linked and part of a continuing act, you’ll need to make separate discrimination claims with different deadlines for each one. For example if your colleague made a racist comment and your manager made a sexist comment, they might not form part of the same continuing act. You should then use the earliest date as your deadline for each separate incident.
Check if:
- the last incident is definitely discrimination — if it’s not, then it can’t form part of a series of discriminatory acts, and this means your claim could be out of time and , the tribunal could reject your case
- there’s a long gap between the different incidents — if they’re far apart, they might not be one continuing act
If you’re not sure of the date, it’s usually best to use the earliest date possible as the date from which time starts to run. If you use a later date, the tribunal could decide that the later incident wasn’t discrimination or that the earlier acts aren’t linked.
Indirect discrimination — what you need to show when setting out the legal claims / law
- Identify the provision, criterion or practice (PCP) you say your employer applied to you and also applied or would apply to its other workers
- Say how the PCP put you at a disadvantage because of a protected characteristic
- say how the PCP puts people who share your protected characteristic at a disadvantage compared to those who don’t share it
Direct discrimination — what you need to show when setting out the legal claims / law
- Describe the treatment you have received
- Say what protected characteristic caused the treatment
- Identify an actual comparator, or describe a hypothetical comparator who does not share the protected characteristic but whose circumstances, in relation to the facts of your case, are not materially different
- Describe how the comparator was treated more favourably than you, or how the hypothetical comparator would have been treated more favourably. Say that a hypothetical comparator would have been treated more favourably
Victimisation
- Identify the protected act you did
- Say what detrimental treatment you were subjected to as a result
Failure to make reasonable adjustments
- Explain the provision, criterion or practice that put you at a disadvantage and why, and identify any adjustments you think could have been made, or
- Identify the physical feature that put you at a disadvantage and why, or
- auxiliary aid you needed and why
Discrimination arising from disability
- Explain how you meet the Equality Act definition of disability
- Describe how your employer knew you were a disabled person or could reasonably have been expected to know this
- Explain what treatment you received that was unfavourable
- Explain what the treatment related to, and how it was something that arose in consequence of your disability
- Does the employer have an objective justification defence? It’s for the employer to say what this is, and whether its treatment of you was a proportionate means of achieving a legitimate aim, but you can describe why the treatment was not proportionate. This could include the fact that the employer was under a duty, but failed, to make reasonable adjustments, which would have been a proportionate response.
Section 9 The remedy you are seeking
Question 9.1 asks you what you want the tribunal to do if you win your claim. This is almost always compensation, but there are other things a tribunal can do, such as make recommendations to the employer about how it should change a discriminatory practice or state of affairs to reduce or remove the adverse effect on the Claimant. This is known as a ‘recommendation’. If you have other claims you should also set out what you are seeking for those claims. For example you might want to be reinstated in your job, if you’re claiming unfair dismissal.
Question 9.2 sets out what compensation you are claiming. If you win your discrimination claim a tribunal can order your employer to pay compensation for any financial losses you’ve experienced because of the discrimination, and for ‘injury to feelings’.
Your claim will not be rejected if you don’t set out a detailed calculation in question 9.2 of the ET1; you can give more details of the compensation you’re seeking at a later date.
Section 11: Your representative
If someone is going to act on your behalf in dealing with the case, and they agree to be named as your representative, you can add their details here. The tribunal will send all letters about your case to your representative, not you, so only name them if you’re sure this is the right thing for you.
What to do after completing the employment tribunal claim form?
Once you have completed the ET1 form, you will be asked to check your claim before submission, again it is very important that you check that all the information is correct as amending at a later stage can be complex and will generally be at the discretion of the judge. Also, check that the uploaded document has been loaded correctly. Once this is submitted you will receive an email confirmation of receipt from the Tribunal. It is important to keep a copy of what you have submitted for your records. The tribunal will process your claim usually within a few days of receipt and send a copy to your employer who will then have 28 days to file their response. (4)
Responding to an employment tribunal claim: five tips for employers
When an employer receives an employment tribunal claim, it needs to act quickly and carefully to put itself in the best position to defend the claim, or to reach a fair settlement with the claimant, avoiding unnecessary costs by dealing with the claim promptly, assessing the merits of the claim, focusing on the relevant issues, paying attention to detail, getting the ET3 in on time. See Responding to an employment tribunal claim: five tips for employers - Personnel Today for more detail.
What do completed ET1 claim forms look like?
EXAMPLE: Unfair dismissal
1. I was employed by [NAME OF EMPLOYER] from [DATE] to [DATE].
2. The Respondent is [DESCRIBE THE BUSINESS OF THE EMPLOYER].
3. I was employed as [JOB TITLE] and my work and role involved [DESCRIBE DUTIES].
4. On [DATE] the following occurred: [DESCRIBE THE INCIDENT(S) WHICH THE RESPONDENT FOUND TO BE [GROSS] MISCONDUCT].
5. On [DATE], I was informed by [METHOD AND PERSON] of the decision to dismiss me on the grounds of [gross] misconduct and my dismissal took effect on [DATE]. I [was summarily dismissed without any notice pay OR was given [NUMBER] weeks' notice OR was paid in lieu of notice for a period of [NUMBER] weeks].
6. [I appealed against the decision to dismiss on the following grounds: [SET OUT DETAILS]. My appeal was heard by [NAME AND ROLE] on [DATE] and the decision to dismiss me was upheld.]
7. The Respondent did not carry out [any OR sufficient] investigation into the allegation(s) against me [SET OUT DETAILS].
8. I was not given [any OR sufficient] particulars of the allegation[s] [which I deny], and I was therefore unable to give [any OR sufficient] explanation of the matter [SET OUT DETAILS].
9. I attended a disciplinary hearing with [NAME[S] AND ROLE[S]] on [DATE]. The disciplinary hearing was conducted unfairly in the following ways: [SET OUT DETAILS WHICH AFFECT FAIRNESS.] [The Respondent failed to follow its own disciplinary procedure in the following ways: [SET OUT HOW].] [The Respondent failed to follow the Acas Code of Practice on Disciplinary and Grievance Procedures in the following respects: [SET OUT HOW].] [I was not offered the right to be accompanied to the disciplinary hearing.]
10. Prior to my dismissal, I [had OR had not] received [the following OR any] previous [formal OR informal] warnings in relation to my conduct. [SET OUT DETAILS OF DISCIPLINARY RECORD].
11. [The Respondent had previously issued me with a [warning OR final written warning] but [that warning expired on [DATE] OR that warning was used oppressively for relatively minor misconduct [SET OUT DETAILS] OR that warning was itself unfair [SET OUT DETAILS]. I believe that the Respondent's reliance on this warning was unfair and affected the overall fairness of my dismissal.]
12. The Respondent's decision to dismiss me was not fair and reasonable in all the circumstances [SET OUT REASON(S) WHY THE DECISION WAS UNFAIR, FOR EXAMPLE, THE RESPONDENT FAILED TO CARRY OUT A FAIR OR THOROUGH INVESTIGATION, EMPLOYEE WAS TREATED DIFFERENTLY TO OTHER EMPLOYEES GUILTY OF THE SAME MISCONDUCT, EMPLOYEE WAS NOT OFFERED RIGHT OF APPEAL].
13. In the circumstances I contend that my dismissal was unfair and I seek: (a) compensation; (b) [an order for reinstatement or re-engagement;] (c) [an uplift (increase due to the Respondent's unreasonable failure to comply with the Acas Code of [up to 25]%).]
Source: Microsoft Word - ET1 unfair dismissal.doc (lionsheadlaw.co.uk)
EXAMPLE: Pregnancy discrimination
Source: Starting a discrimination claim: Completing the ET1 | by Expert Advice | Adviser online | Medium
EXAMPLE Pregnancy: Adjustment Failure
Source: Starting a discrimination claim: Completing the ET1 | by Expert Advice | Adviser online | Medium
EXAMPLE Pregnancy: Unfavourable treatment and redundancy dismissal
This precedent covers unfavourable treatment at work due to pregnancy and redundancy as a result
Box 8.2 of tribunal claim form
- I started work for the Bank (the 1st respondent) in June 2011. I worked at the City branch as a clerk throughout. I was given an annual appraisal every October and my ratings were always good.
- During the appraisal meeting in November 2012, my manager (Peter Lawrensen) (the 2nd respondent) told me I was ready to move on a level and I should start considering a position as personal adviser.
- On 23 August 2013, I told Mr Lawrensen that I was pregnant and that my baby was due on 20 February 2014. Mr Lawrensen congratulated me. Then he asked whether it might affect my career ambitions. I said I still hoped to have a good career with the Bank.
- In September 2013, I saw an internal advertisement for the position of personal adviser for the Branch on the notice board. Mr Lawrensen had not mentioned it to me. I applied and was interviewed for the post on 1 October 2013 by Mr Lawrensen and Jenny Shoemaker from HR.
- On 4 October 2013, I was told by Mr Lawrensen that I had been unsuccessful. I asked why. He looked embarrassed and said I would be getting a letter.
- On 6 October 2013, I received a letter from HR. It just said that the standard of applicants had been high and I should try again in the future. I found out subsequently that the successful candidate was someone from another branch who had far less experience than I did. She was not pregnant.
- Also in October 2013, Mr Lawrensen started doing appraisals for everyone in the branch in his usual way, one by one. He didn’t do an appraisal for me. He said there probably wasn’t any point in doing an appraisal for me just before I was going onto maternity leave. I said I still felt it would be useful. Mr Lawrensen said OK, he would try to squeeze me in, but he was always too busy.
- A few weeks later, Mr Lawrensen announced that the Bank needed to reduce the number of clerks at my branch from seven to five. The clerks were all interviewed on 25 October 2013. The next day I received a letter informing me that I had been selected for redundancy and giving me 4 weeks’ notice plus a cheque for my redundancy pay.
- I believe I was discriminated against by the 1st and/or 2nd respondent on grounds of my pregnancy contrary to the Equality Act 2010: (i) in the failure to promote me to the position of personal adviser (see paragraphs 4 and 5 above); (ii) in the failure to carry out my appraisal in October 2013 (see paragraph 7 above);
- In addition, the 1st respondent subjected me to detriments short of dismissal for reasons related to my pregnancy contrary to the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999: (i) in the failure to promote me to the position of personal adviser; (ii) in the failure to carry out my appraisal in October 2013.
- I believe my selection for redundancy and the failure to offer me alternative employment was on grounds of my pregnancy contrary to the Equality Act 2010, Employment Rights Act 1996 and Maternity and Parental Leave etc Regulations 1999.
- Further or alternatively, it is also clear that, if I had been promoted in October 2013 (as explained above), I would not now have been made redundant.
- I also believe my redundancy dismissal was unfair under s98(4) of the Employment Rights Act 1996 because (i) I was unfairly selected for redundancy. All the clerks in the Bank should have been considered as possible for redundancy.(ii) I was not properly consulted. The decision had already been made before we were interviewed.(iii) I was not offered alternative employment.
EXAMPLE: Breach of the right to return following maternity leave, i.e. old job not returned following maternity leave ending
This precedent covers Refusal to allow return to old job after maternity leave; Failure to offer a suitable alternative; Failure to consult while on maternity leave; Redundancy pay; Notice pay.
Box 8.2 of tribunal claim form
- I started work for the respondent pharmaceutical company in January 2008. I worked as an accounts assistant in the accounts department.
- On 3 April 2013, I went onto statutory maternity leave. I was due back at work on 3 October 2013.
- On 5 September 2013 I received a telephone call from my boss, Tim Neville, asking me to come in to discuss where I would be returning to work. I went in to see him on 9 September 2013. Sally Gooding from HR was also there.
- Mr Neville said he was unable to offer me my job back because there had been a reorganisation. I said no one had talked to me about the reorganisation. I said, ‘If my job is not available, where are you going to put me?’ He said he was not sure and would need to think about it.
- On 20 September 2013, Mr Neville telephoned me and offered me a job in the loading bay dealing with the paperwork when the deliveries come. I said that was not a skilled job and I did not want it. Mr Neville said unfortunately there was nothing else available.
- On 27 September 2013, I received a letter from Mr Neville saying that, as I did not wish to accept the offer of the job in the loading bay and as there were no other suitable vacancies, my job would come to an end on the termination of my maternity leave.
- I wrote a letter of appeal immediately and my appeal was heard on 1 October 2013 and rejected.
- I believe my dismissal was related to the fact that I had taken maternity leave and was automatic unfair dismissal contrary to the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999.
- Further, my dismissal was automatic unfair dismissal contrary to the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999, because my position was in reality redundant and I should have been offered any suitable available vacancy.
- I was also subjected to the following detriments for reasons related to my maternity leave contrary to the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999: (i) I was not consulted prior to or in connection with the reorganisation. (ii) I did not retain my old job on the reorganisation. (iii) I was not permitted to return to my old job. (iv) I was not offered any suitable and appropriate alternative job.
- I was also subjected to discrimination on grounds that I was taking or had taken maternity leave contrary to the Equality Act 2010 in that: (i) I was not consulted prior to or in connection with the reorganisation. (ii) I did not retain my old job on the reorganisation. (iii) I was not permitted to return to my old job. (iv) I was not offered any suitable and appropriate alternative job. (v) I was dismissed.
- I also believe my dismissal was unfair on ordinary principles under s98(4) of the Employment Rights Act 1996.
- I am entitled to 7 weeks’ pay in lieu of notice.
- Further or alternatively, my job was made redundant and I claim statutory redundancy pay.
EXAMPLE: Breach of flexible working regulations and part time work refusal
The right to request flexible working applies to all employees who have accrued 26 weeks’ continuous employment.
This precedent sets out the law after this change.
It covers these issues:
- Refusal of request to work part-time.
- Breach of the Flexible Working Request procedure.
Box 8.2 of tribunal claim form
- I started work for the respondent firm of solicitors in 2012 as a solicitor in its probate department. My sister lived nearby and used to take my two young children (then aged four and six) to and from school and look after them in the school holidays.
- In 2017, my sister moved out of London and was no longer able to help me out with the children. I made various temporary arrangements for about a year, but none of them were satisfactory or reliable. My husband and I decided we would have to split the childcare between us.
- On 15 September 2018, I wrote to my head of department, Jonathan Armstrong, under the Flexible Working Regulations 2014, asking to work part-time on the basis of three or four days per week. Mr Armstrong delayed on several occasions to have a meeting with me. He finally held a meeting with me to discuss my request on 29 December 2018, over 3 months after I made my request. At this meeting he said he felt the quality of my work would suffer and that it would be too hard to find someone who would want to work only one or two days. He said he felt a job-share was not cost-effective. He also rejected the possibility of any other part-time arrangement on the same grounds. He promised he would confirm all this in a letter, but he never did.
- I appealed to the managing partner by letter dated 30 December 2018. The managing partner wrote to me on 9 January 2019 rejecting my appeal. He didn’t even try to talk to me about it. His letter just said he did not think part-time working was suitable for solicitors.
- My husband was unable to look after my children full-time and as I could not make any other satisfactory arrangements, I had no choice but to resign. I sent in my resignation letter on 19 January 2019.
- I believe it is perfectly feasible for my job to be done on a part-time or job-share basis, and I was willing to make it three or four days according to which was easiest. Also, I had said I was willing to be flexible and take urgent calls and check my e-mails when I was out of the office.
- I believe that the refusal to allow me to work three or four days/week or in any other part-time arrangement was indirect sex discrimination contrary to the Equality Act 2010.
- Further, I believe the refusal of my request to work part-time was a fundamental breach of the implied term of trust and confidence. I therefore believe I was constructively dismissed and I claim unfair dismissal contrary to s98(4) of the Employment Rights Act 1996.
- I also believe my constructive dismissal was indirect sex discrimination contrary the Equality Act 2010.
- Further, my employer failed to comply with the requirements under section 80G of the Employment Rights Act 1996 in that: – Mr Armstrong failed to notify me of the decision on my application within the decision period., – Mr Armstrong failed to deal with my application in a reasonable manner – the letter rejecting my appeal did not specify one of the permitted grounds for refusal set out in the Employment Rights Act 1996, nor did it contain sufficient explanation of its grounds. I request compensation under the Flexible Working Regulations 2014 and the Employment Rights Act 1996 for this.
- I also claim notice pay.
EXAMPLE: Whistleblowing claim
Source: ET1 claim form: Details of whistleblowing claim - Monaco Solicitors
This employee had less than 2 year’s service, but when he was dismissed for ‘performance’ he brought a claim for unfair dismissal due to blowing the whistle on bad practice in a private hospital.
The ET1 claim form is the form you use to make an employment tribunal claim. This template is a copy of part of our client’s ET1 claim form about the claim details (called ‘particulars of claim’) which can be downloaded and then adapted for use in your own claim. See our separate article for more information on how to complete an ET1 form.
If you feel that you need assistance to make your tribunal application as effective as it can be, take a look our fees for checking or sending an ET1 for you. For a lot of employees, their aim is to receive a satisfactory settlement from their employer before the case even reaches tribunal. Even if you want to settle before the case reaches the tribunal, writing an extremely thorough and professional tribunal application will help to persuade your employer that their best course of action is to offer you a healthy settlement agreement figure.
CASE NO: xxx
IN THE EMPLOYMENT TRIBUNAL [NAME OF TRIBUNAL]
BETWEEN:
[EMPLOYEE]
Claimant
-and-
[COMPANY] LTD
Respondent
___________________________________________
PARTICULARS OF CLAIM
____________________________________________
Introduction
- [Employee] was employed as a [Job Title]. [Company] is a [Type of Company].
- [Employee] hereby brings the following claims:-
- Automatically unfair dismissal by reason of ‘whistleblowing’, or making a protected disclosure, contrary to s.103A Employment Right Act 1996
- Wrongful dismissal; and
- Non-existent written statement of employment particulars contrary to the Employment Act 2002.
Background
- [Company] ostensibly dismissed [Employee] for failing his probation, but at no point was [Employee] ever informed via any formal supervision session that he was failing to perform to required standards. In fact quite the contrary – [Employee] was taken out for lunch by [Company CEO] on several occasions during his tenure, and was informed that he was doing a good job and that his role was secure within the organisation. These conversations took place as recently as the 28th November [Year date], where in her presence a [Director] of [Company], reiterated this point.
Written statement of employment particulars
2. At no point during his tenure was [Employee] offered a formal Job Description. In fact his role was broadened twice during his tenure to have involvement with services that he was not originally supposed to have operational responsibility for. He was informed by [Company CEO] that this was happening due to his high skill base and ability to make an impact on these services, some of which were failing.
3. There is email evidence dating back as far as February [Year date] (before [Employee] commenced his post) that a detailed job description would be offered by [Company CEO]. This was never issued. [Employee] also requested to be issued with both a contract of employment and job description by email in August [Year date]. Despite an email response from [Company CEO] stating that these would be issued, this did not take place.
4. [Employee] raised this issue at the end of probation meeting with [Company] on 02 December [Year date] [Employee] once again questioned how performance could be measure in the absence of a job description. [Company CEO] looked visibly embarrassed at this line of questioning, stating that [HR Manager] had been tasked to do this. The [Company Chairman] appeared shocked during this conversation. He did not know of the significant operational failure in not providing [Employee] with the necessary structure and guidance to perform his duties.
5. On 8th February [Year date], the following 2 emails were sent by [Company CEO], outlining relevant matters:
From: [Company CEO]
Subject: FW: REVISED JOB OFFER – strictly private and confidential
To: [[email protected]]
Date: Tuesday, 8 February, [Year date], 18:05
Dear [Employee]
as discussed I am going to offer additional incentives to the overall package as follows:
Car allowance of 5K per annum
Pension of 6% after the probationary period.
Achievable bonus of up to ￡30k per annum based on achieving
90% occupancy at each service managed this will be ￡15k for [Place] and ￡15k for [Place].
I will be drawing up with you a detailed job description for this new role.
You will be reporting to me as Chief Executive.
I do not want to pay a 20% recruitment fee on the additional salary and benefits as you will appreciate.
Kind regards
[Company CEO]
From: [Company CEO]
Subject: RE: REVISED JOB OFFER – strictly private and confidential
To: [[email protected]]
Date: Tuesday, 8 February, [Year date], 21:34
Hi [Employee]
My email constitutes a formal job offer and has been authorised by [Company Chairman] and [Company Owner] . As you have this in writing albeit via email it is A Contract and therefore legally binding upon [Employee].
The offer is dependent upon a clear CRB and references. You will receive a letter from [HR Manager] and a contract of employment as per normal practice.
The issue about confidentiality relates to your fellow [Company Directors] who will be impacted by the new role and reporting line but this is for me to resolve as you work your notice. Your new role has been created by me as a result of a restructure which is necessary for the business going forward.
The [HR manager] is [Name] who you have met.
I will start the ball rolling tomorrow in terms of formal correspondence. [HR Manager] will clarify the company mileage allowance – however you will be able to claim up to 45p per mile on tax – I assume you already do this as the company mileage allowance will be below this figure.
Kind regards
[Company CEO]
Wrongful dismissal
- [Company] states that [Employee] was dismissed during his probation period, and therefore was only paid one month’s notice pay rather than the three months to which he would have been entitled had he passed his probation. But the probationary period was only 6 months, and [Employee] was dismissed in the 7th month of his employment, therefore he was not dismissed during his probationary period.
Unfair dismissal
- On 2nd December [Year date], [Employee] became aware of a meeting taking place at [Location]. He had not been invited to this meeting but became aware of it due to the fact that he was on site that day. The meeting involved most of the other senior managers.
- After the meeting had finished, [Employee] sought clarity as to what the meeting had been about. He was informed that it had been a meeting to plan the admission of a profoundly deaf patient from [Place]. [Employee] was surprised that this meeting had taken place in his absence, as from a regulatory perspective he was defined as the ‘Nominated Individual’ for the establishment and was therefore responsible for the ensuring that the patients admitted to the service can be appropriately cared for.
- [Employee] had already stated during September and December [Year date] to [ CEO], [Director of Marketing] and [Director of Nursing] his significant concerns with admitting this individual to the hospital in question as there are no staff that are competent in the use of British Sign Language, whilst the placement that the individual is currently in is a specialist deaf person’s service. There was also a significant history within this hospital (a hearing person’s service) of having previously managed the care of a deaf person poorly due to inadequate resources. This view was also shared by [Employee 2], who was tasked with conducting the assessment visit for the patient in question.
[Employee] was actively excluded from this meeting due to the fact that he would raise significant professional objections to [Hospital name] admitting this patient despite being inadequately prepared to do so. He was being treated unfavourably by reason of his protected disclosure.
- Following a senior management meeting held at [Hospital name] Head Office in [Place], on or around 11th July [Year date] [Employee] was party to a conversation with [Chairman]. This conversation centred on a [Company 2 Commissioner] who divulged during this conversation that he was planning to offer some kind of payment to [Employee] in exchange for him referring a cohort of patients to [Names of] hospitals.
- [Employee] was shocked at the revelation and made a protected disclosure to [ CEO] on the same day. She confirmed to [Employee] that this was indeed [Hospital 2 Commissioner’s] intention, and she had no intention of trying to stop him.
- [Employee] was dismissed from [Company] on 2nd December [Year date] due to the fact that he would not endorse both poor practice in relation to patient care and questionable conduct in relation to [Company 2 Commissioner].
- AND [EMPLOYEE] CLAIMS:
- [1] Damages for unfair dismissal
- [2] Damages for wrongful dismissal
- [3] Damages for victimisation caused by whistleblowing
- [4] Damages for lack of employment particulars
- [5] Any other remedy as the court thinks fit
- [Employee]
- [Date]
See template at ET1 claim form: Details of whistleblowing claim - Monaco Solicitors
EXAMPLE: Unfair redundancy and equal pay
Source: ET1 claim form: Unfair redundancy and equal pay - Monaco Solicitors
As a way of getting rid of her, this employee was selected for redundancy. She therefore made an equal pay claim as upon dismissal she found that she was being paid less than her male counterparts.
This employee was selected for redundancy when in fact it was just a way of getting rid of her. She also found out that she had been getting paid less than an equivalent male colleague, hence the equal pay claim.
This ET1 extract gives you the particulars, or details, of the claim, which is the part of the form which is most important to get right. Instead of trying to fit the details of the claim in the form itself, write ‘see attached’ and send the details in separately. This gives you more scope to present the details of your claim to their best advantage.
If you would like to use the details of claim below, you can freely download them and adapt them for your own use.
If you would like professional help to complete your ET1 claim form – and in particular the details of your claim – we can help if you wish. Have a look at our fees for for this kind of work and get in touch if you want to proceed.
Having said that, many employees don’t really want to go to an employment tribunal with their claim and would be content just to get a fair settlement from their employer. Sometimes if/when an employer sees a draft of your completed employment tribunal claim application form, they will finally agree to a fair settlement because they don’t want the expense etc of going to tribunal either. They also understand that you mean serious business.
GROUNDS OF COMPLAINT
_____________________
The Parties
1. The Claimant was formerly the Head of the Defendant’s VAT department (the department).
2. The Defendant is an enterprise cost management company. The Defendant’s website indicates that their commercial offering is to improve business performance in the following areas tax, research and development, employers’ charges, working capital and purchasing performance.
Background
3. The Claimant was employed as Director & Head of the VAT Department on [Date]. Initially, the Claimant’s salary was [Salary] p/a. The Claimant also benefited from a [Amount] car allowance.
4. In her role as Head of the department the Claimant was responsible for the operational, technical and strategic needs of the department and had managerial responsibility for in excess of 14 staff and generating revenue of [Revenue].
5. In the first financial year in which the Claimant was employed ([Year]–[Year]), the department did not meet the performance targets set by the Defendant. In the period[Year]–[Year], all other departments failed to meet the performance targets set by the Defendant.
6. In the second financial year in which the Claimant was employed (Financial year ended [Month] [Year]), the department met its targets and the Claimant received [Amount] gross of tax by way of bonus pay. The bonus pool for the period [Year] was [Amount].
7. In [Date] the company launched a Management Buy Out.
8. In [Date] the then MD of the UK office of the Defendant, the Head of the R&D Tax department, and the Claimant, were involved in discussions.
9. In [Date], the Claimant acknowledged that the MBO had taken place by way of an internal email congratulating the investors and understood that neither she, nor the MD and the Head of R&D tax from the UK office had been invited. The Claimant questioned the MD who confirmed that both himself and the Head of the R&D Tax department had been invited but refused to invest.
10. The Claimant voiced a complaint to the MD with regards as to why she had been brought into discussions and subsequently not invited. He referred the matter to HR; who in turn referred the matter to the International MD as the decision maker regarding the MBO.
11. In [Date], the International MD explained that the Claimant was a Grade 9 Director and only grade 10 Directors and above were invited to invest; but that the Claimant would be invited on the next occasion.
12. In [Date] the Claimant was promoted to Grade 10 Director.
13. At the end of [Date] the Claimant was invited to invest; but upon acknowledging details of the investment and exit plan, the Claimant decided not to invest for the lack of confidence in the Defendant’s choice of employees to deliver on the agreed business plan for the UK business in [Year] and going forward.
14. On [Date], the Claimant was made aware that the Defendant was considering a restructuring of the management roles within the department and that there was a possible redundancy situation in respect of her role. The Defendant indicated that the department did not require staffing at a ‘Director level’ and that the business need indicated staffing was only required at ‘Manager level’ for a diminished need of advisory and compliance services.
15. At the same meeting, the Claimant was asked to make herself available on [Date] to hand over client matters to [Name] who was being transferred to the UK from the Italian office at the end of [Month].
16. [Date], the Claimant had a consultation meeting with the Defendant’s Human Resources department. The Claimant argued against the redundancy of her current position. In the course of the meeting the Claimant was offered the newly created ‘VAT Manager’ role and also suggested that it wasn’t suitable. The Claimant had to refuse the offer.
17. On [Date]the CEO visited the company for the routine 3rd Quarter meeting to discuss current revenue and strategy to reach target for the end of the Financial Year ([Date]). This meeting was organised before [Date]; everyone else was invited in a timely fashion to prepare and attend, with the exception of the Claimant.
18. On [Date], the Claimant was informed by way of a further meeting with the Defendant’s Human Resources Department that her current role was redundant.
19. On [Date], the Claimant was dismissed from her employment with the Defendant.
20. On [Date], [Name] moved to the UK to undertake the role of VAT Manager created further to the redundancy of the Claimant’s role; and shortly thereafter he was offered the position of VAT Practice Leader, the same internal title held by the Claimant.
21. When the Claimant was dismissed her salary was [Amount] p/a. The Claimant also benefited from a [Amount] car allowance.
22. The Claimant later found out that there were two further roles available during the consultation that were not offered to her for consideration: VAT Project Leader in the UK Office (the Claimant’s understanding was that the hiring for this role was put on hold indefinitely by HR in [Date]) and the Head of VAT Compliance role in the Italian Office. Both roles, albeit more junior, were still suitable to the Claimant’s skills.
Particulars of Claim
Unfair dismissal
23. The Claimant was unfairly dismissed contrary to section 98 of the Employment Rights Act (ERA)1998, in that:
A. none of the potentially fair reasons for dismissal, as contained with section 98 (4) ERA 1996, applied to the Claimant at the time of her dismissal and the Defendant held no genuine belief on reasonable grounds that such a fair reason existed;
B. specifically, the Claimant was not redundant at the time of her dismissal on the basis that the requirements of the business to carry out work of a particular kind (namely that which the Claimant was undertaking) in the place where the employee was employed by the employer (namely London) had neither ceased nor diminished. Although a few clients were lost, these were affecting only the revenue in the VAT Recovery line of business, an area that the Defendant claims was not within the Claimant’s remit; whilst the Fiscal and Advisory areas of the business, that the Defendant claims were within the remit of the Claimant, were stable in revenue compared to the previous year and in the course of business development by way of the Defendant’s commitment to invest in sales for the VAT department in 2014.
C. if, which is denied, one or more of the potentially fair reasons for dismissal contained with section 98 (4) ERA 1998 applied to the Claimant at the time of her dismissal, it was nonetheless unfair for the Defendant to dismiss the Claimant for that reason;
D. specifically, if which is denied, the Claimant was redundant within the definition of section 139 (1)(b) ERA 1996 the decision to dismiss as unfair on the basis that:
1. no genuine redundancy situation existed;
2. the Claimant was unfairly selected for redundancy in that other suitable candidates were not included in the redundancy pool;
3. the Defendant failed to offer alternative employment, namely Head of VAT Compliance and VAT Project Leader.
Sex Discrimination
24. The Claimant was subject to direct sex discrimination contrary to section 13 of the Equality Act (EA) 2010, in that:
A. in May 2013, the Claimant was, because of her sex, treated less favourably by the Defendant than [Name], Head of the Defendant’s R&D department, in that, contrary to [Name], she was not invited to invest in the Defendant as part of a management buy out (MBO);
B. throughout the course of her employment, the Claimant was, because of her sex, treated less favourably by the Defendant than male peers, including but not limited to [Name] in that she was not invited to various corporate events;
C. In financial year 2012 [Name] was paid a larger bonus than the Claimant despite the revenue results for both departments being similar.
Equal Pay
25. A term in the Claimant’s contract, namely remuneration, was less favourable to her than the corresponding term of a comparable man’s, namely [Name]’s, contract, in that:
A. throughout the course of her employment, the Claimant was paid less than [Name] despite undertaking work which was the same or, alternatively, broadly similar and where there were no differences between the work done by the Claimant and [Name] of practical importance in relation to the terms of employment;
B. alternatively, throughout the course of her employment, the Claimant was paid less than [Name] despite undertaking work which is of equal value to that done by [Name].
Remedy
26. On the basis of the above the Claimant seeks the following by way of remedy:
A. The compensatory award – ￡ all financial losses (past and future), including expenses incurred, loss of fringe benefits, loss of pension etc., as a result of dismissal (the compensatory award to be ‘uncapped’ due to sex discrimination);
B. A declaration that the Claimant’s contract, namely the term(s) in respect of remuneration, were less favourable than those of [Name]’s;
C. Pay in arrears from [Date] – [Date] – ￡ [the difference between the Claimant’s pay and [Name]’s for this period];
D. Interest on arrears in line with Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 SI No 2803;
E. Compensation for injury to feelings in line with the Vento guidelines.
References/Further Readings
- Employment Tribunals & Out of Court Negotiations | Monaco Solicitors
- What is a subject access request & how to use it in settlement agreements (monacosolicitors.co.uk)
- Working Families | Time Limits for Employment Tribunal claims - Working Families
- Form ET1: Make a claim to an employment tribunal - GOV.UK (www.gov.uk)
- Make a claim to an employment tribunal - Gov.uk (employmenttribunals.service.gov.uk)
- Guide - Gov.uk (employmenttribunals.service.gov.uk)
- How to start an employment tribunal claim: Completing an 'ET1' claim form online (monacosolicitors.co.uk)
- Employment tribunals: Details of Claims templates & examples - Monaco Solicitors
- T420 - Making a claim to an Employment Tribunal (publishing.service.gov.uk) and Employment tribunal forms and guidance - GOV.UK (www.gov.uk)
- How to complete the Employment Tribunal Claim Form (ET1) | EMPLOYEE RESCUE
- Guidance notes- for completing claim form ET1(NI) (employmenttribunalsni.co.uk)
- An employee's right to sue – An Index of Employment Tribunal Claims (monacosolicitors.co.uk)
- Discrimination at work - Citizens Advice
- Taking action about discrimination at work - Citizens Advice
- Thompsons Whistleblowing Framework (thompsonstradeunion.law)