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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hi,If you make a discrimination claim as an employee and

Resolved Question:

Hi,

1) If you make a discrimination claim as an employee and it turns out to be incorrect, can you still carry on working for your employer? This is because the employee may have misunderstood the situation and the judge rules it as plain bullying and not discrimination. If not, on what grounds can your employer terminate your employment in these circumstances?

2) If your health is affected (work related stress) and a doctor can prove it, has your statutory health and safety right been violated?

Thanks.

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

Hi Jenny

Customer:

I have worked there for about 2 months

taratill :

In total?

Customer:

yes

Customer:

i still haven't even used the early conciliation service but just wanted to evaluate my options

taratill :

Have you had an unsuccesful claim in that time scale?

Customer:

if i decided to go down that route

taratill :

Ok

taratill :

I'm not sure I understand what you mean by statutory health and safety right in your second question please can you clarify?

Customer:

sorry for not being clear. what i mean is if bullying and harassment are so severe that it affects your health, is that a breach of your statutory right if the employer doesn't rectify the situation after 2 grievance letters have been submitted and all the procedures have been followed to have it sorted out internally?

taratill :

Are you raising a separate claim for health and safety breaches potentially then?

Customer:

yes, besides the discrimination claim

taratill :

In order to answer your first question, it would amount to victimisation to dismiss someone for raising a disability complaint no matter their length of service.

taratill :

The difficulty is that the employer may try to find 'another' reason to dismiss. You would have to show that the real reason is victimisation.

Customer:

i see. but i am not disabled. it's just racial discrimination.

taratill :

It's the same for any form of discrimination.

taratill :

It is up to the employment judge to determine whether a health and safety breach has occurred or not based upon on the evidence before it. The fact that a grievance process has been exhausted does not exonerate an employer.

Customer:

lovely. also, if a doctor confirms that i have work related stress, can i still put that before the judge as evidence?

taratill :

yes.

Customer:

fantastic. can i also ask them for CCTV evidence of verbal altercations at work because my employer said that it is technically not possible to give it to me.

Customer:

they said that they system was designed in such a way that it was difficult to issue copies, which is ridiculous.

taratill :

You can ask for it to be disclosed as a part of the tribunal disclosure. If they refuse you can ask an employment judge to order it.

Customer:

lovely. the problem is that they said they only retain it for 2 weeks. by the time it gets to the tribunal, it will have all been deleted. i think my employer is just being nasty.

taratill :

Well you need to put this to a tribunal. Good luck with it. Please do come back to me in the future if you need to. IN the meantime I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

no worries. thank you very much for all your help. that clears all my doubts. you have been perfect. bye for now.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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