Hello - my name is Leanne and it will be my pleasure to assist you today.
When did you start with your employer? Have you been fired?
I have started working in this restaurant about two months ago
Thank you. If you are receiving less favourable treatment based on, in this case sex, then you may have grounds for sex discrimination
yes, as I wrote he hit his hand on the table and shouted than he doesnt want to work with me anymore
In this case if the jokes are based on your gender, then you may well have a claim
I see - then if they do fire you, you may be able to clai
what if i want working on any contract?
Normally you would need 2 years service to bring a claim for unfair dismissal, but if it is on the grounds of sex, then you do not need this period.
i was paid 'to hand'
You do not necessarily need a contract. A contract of employment can be implied by law. It makes no difference whether you are paid cash in hand
You still should not suffer any unfavourable treatment because of your sex
so what am i suppose to do now?
If you have home or motor insurance with legal cover, this may also cover you for any claim at a Tribunal
yes, i think same
I would first raise the objection with your employer, so that they are on notice that you will take action.
oh another thing. im not uk citizen, im from poland. so i would like to ask- if it comes to all fees i wont be able to cover it myself. is it any possibility i can get support?
what am i suppose to say to him?
The Equality Act 2010 says you must be treated the same as someone who is male
Raise a formal complaint and say that you have been treated less favourably because of your sex.
You should raise a formal complaint. If your employer does nothing about it then you can raise a claim at an Employment Tribunal
how will he react? how this complain should looks like?
I can not say how he will react - you can either complain verbally or in writing, it is a matter for you
im not sure he will do anything. its done, he fired me and the way how it ended doesnt make me want to work for him anymore
i feel really bad that he had treated me like that, every single thing i said was just rejected and explanation was that this guy didnt meant it
I understand. In that case if he has fired you, you could bring a claim at the Employment Tribunal for sex discrimination.
Please see: http://www.justice.gov.uk/forms/hmcts/employment
what about my question with court and solicitor fees? i wouldnt be able to afford this.
If you have home or motor insurance with legal protection then this may cover you.
There are no Court fees because a Tribunal is free
And you could represent yourself, as Tribunal Judges deal with litigants in person all the time
i dont have any insorances
Ok. Well you can issue a claim online yourself. The citizens advice may help. You wont get legal aid as the rules changed April this year
So your only option is to try and go it yourself - but Tribunals are not very scary, the Judge will help you
may you tell me, how this kind of thing looks like?
is it any open trial?
It seems like you are being treated less favourably because you are female so that would be discrimination
Its open, but its not like Court
what if im not sure if i will have any witnesses?
i bet other guys who were working with me wont say anything
Its a matter for you whether you bring a claim. I can only tell you what the legal position is
Is there anything else I can assist you with today?
if you say i should write a complain- what should i write? and what my employer should do for me, if i dont want to work there anymore?
You should set out what the position is, what was said etc. If you intend to resign and claim constructive dismissal you should do that sooner rather than later because otherwise if you try and claim that a Tribunal will think you are ok with what your employer has done
the reason i was dismissed will be i wasnt working well for sure and it will make me felt even worst
so this is not what i want and i cant see any good point from writing a complaint
Yes. But the treatment you have suffered is because of your sex and that is why you have a claim
If you do not wish to take it to a Tribunal then there is not much you can do
This aside, if you wanted to bring a claim for unfair dismissal without sex discrimination then you would need 2 years qualifying service for being dismissed - you do not have this and any claim would fail
I am sorry as I know this may not be the answer you want, but I have a duty to tell you the honest answer, even if it is not necessarily what you want to hear
so i didnt work long enough to do anything after what happened? thats riddiculous
You need 2 years to bring a claim for unfair dismissal that is the law. Unless you bring a claim for sex discrimination - and I have already told you what you need to do for that
But I agree, the law is not ideal. In fact it recently changed from 1 year to 2 years service before you can claim
ok, i think i know everything. thats for your help!
Welcome - please remember to give me a great rating, even though it may not be the answer you want. Thanks
Can I assist further?