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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My question is regarding descrimination and employment

Customer Question

My question is regarding descrimination and employment tribunals;1. What is the length of time for an employment tribunal, (should I expect 3months? 6 months? from start to finish)Is it possible for discrimination before and after redundancy?i have less than 2 year service with the company:
There was 4 of us that hand similar roles and exactly the same full time contracts. I found out that I was the only one that was in the redundancy pool.After redundancy, I was not given the opportunity to search the online portal for jobs. They gave a similar role in a different country to someone outside the company. This job was not advertised and I was not even considered for a chance to interview for the job, nor was I on the shortlist.I feel I have been treated unfairly for the redundancy, and the reasons were personal rather than professional..What can I do?thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

What are you ideally hoping for and why do you think you have been discriminated against?

Customer: replied 1 year ago.
I want fairness. I would like proper compensation for being unfairly treated. I want to make sure no one else goes through the same headache that I went through. I had taken personal time out for individual counselling. My employers knew about it and used it against me. My performance was great. How can I be the only person up for redundancy
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Can I just check on what grounds do you believe you were treated unfairly - you mention discrimination but what was the discriminatory ground?

Customer: replied 1 year ago.
Mental Illness mental health. My sister is bi-polar, they knew about it... They were also paying for my personal counselling sessions, when I stated I was depressed and going through hard times.
Expert:  Ben Jones replied 1 year ago.

Thank you. The length of a tribunal claim can vary based on many factors, such as availability at the tribunal, the complexity of the case, the parties’ conduct and so on. I have seen tribunals last from 3 months to over 2 years so it is very difficult to predict how long yours would last.

In terms of discrimination, if you are classified as disabled under employment law and were treated detrimentally as a result of that, then there can indeed be a discrimination claim against the employer. As long as you were treated unfairly because of the disability, both before and after the redundancy, you are able to claim for both incidents. You would however have to show that you were indeed disabled at the time and that the reasons for the treatment were related to your disability.

This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to determine if you are disabled, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben,Great answer so far. I look forward to hearing the second part. The law on disability and how to determine if you are disabled...Thanks
Expert:  Ben Jones replied 1 year ago.

Thank you. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:

  • Physical or mental impairment – this can include nearly any medical condition;
  • Substantial effect – the effect must be more than minor or trivial;
  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.