How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask leanne-jones Your Own Question

leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
73696840
Type Your Law Question Here...
leanne-jones is online now

Hi I would like to ask about my rights if it comes to unfair

Customer Question

Hi I would like to ask about my rights if it comes to unfair dismissal from work. I felt bullied and abusing with sexist jokes. Kamila.
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.

leanne-jones :

Hello - my name is Leanne and it will be my pleasure to assist you today.

leanne-jones :

When did you start with your employer? Have you been fired?

JACUSTOMER-sd7ff46m- :

I have started working in this restaurant about two months ago

leanne-jones :

Thank you. If you are receiving less favourable treatment based on, in this case sex, then you may have grounds for sex discrimination

JACUSTOMER-sd7ff46m- :

yes, as I wrote he hit his hand on the table and shouted than he doesnt want to work with me anymore

leanne-jones :

In this case if the jokes are based on your gender, then you may well have a claim

leanne-jones :

I see - then if they do fire you, you may be able to clai

leanne-jones :

claim

JACUSTOMER-sd7ff46m- :

what if i want working on any contract?

leanne-jones :

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.

JACUSTOMER-sd7ff46m- :

i was paid 'to hand'

leanne-jones :

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

leanne-jones :

You still should not suffer any unfavourable treatment because of your sex

JACUSTOMER-sd7ff46m- :

so what am i suppose to do now?

leanne-jones :

If you have home or motor insurance with legal cover, this may also cover you for any claim at a Tribunal

JACUSTOMER-sd7ff46m- :

yes, i think same

leanne-jones :

I would first raise the objection with your employer, so that they are on notice that you will take action.

JACUSTOMER-sd7ff46m- :

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?

JACUSTOMER-sd7ff46m- :

what am i suppose to say to him?

leanne-jones :

The Equality Act 2010 says you must be treated the same as someone who is male

leanne-jones :

Raise a formal complaint and say that you have been treated less favourably because of your sex.

leanne-jones :

You should raise a formal complaint. If your employer does nothing about it then you can raise a claim at an Employment Tribunal

JACUSTOMER-sd7ff46m- :

how will he react? how this complain should looks like?

leanne-jones :

I can not say how he will react - you can either complain verbally or in writing, it is a matter for you

JACUSTOMER-sd7ff46m- :

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

JACUSTOMER-sd7ff46m- :

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

leanne-jones :

I understand. In that case if he has fired you, you could bring a claim at the Employment Tribunal for sex discrimination.

JACUSTOMER-sd7ff46m- :

what about my question with court and solicitor fees? i wouldnt be able to afford this.

leanne-jones :

If you have home or motor insurance with legal protection then this may cover you.

leanne-jones :

There are no Court fees because a Tribunal is free

leanne-jones :

And you could represent yourself, as Tribunal Judges deal with litigants in person all the time

JACUSTOMER-sd7ff46m- :

i dont have any insorances

JACUSTOMER-sd7ff46m- :

insurances, sorry

leanne-jones :

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

leanne-jones :

So your only option is to try and go it yourself - but Tribunals are not very scary, the Judge will help you

JACUSTOMER-sd7ff46m- :

may you tell me, how this kind of thing looks like?

JACUSTOMER-sd7ff46m- :

is it any open trial?

leanne-jones :

It seems like you are being treated less favourably because you are female so that would be discrimination

leanne-jones :

Its open, but its not like Court

JACUSTOMER-sd7ff46m- :

what if im not sure if i will have any witnesses?

JACUSTOMER-sd7ff46m- :

i bet other guys who were working with me wont say anything

leanne-jones :

Its a matter for you whether you bring a claim. I can only tell you what the legal position is

JACUSTOMER-sd7ff46m- :

i understand

leanne-jones :

Is there anything else I can assist you with today?

JACUSTOMER-sd7ff46m- :

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?

leanne-jones :

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

JACUSTOMER-sd7ff46m- :

the reason i was dismissed will be i wasnt working well for sure and it will make me felt even worst

JACUSTOMER-sd7ff46m- :

so this is not what i want and i cant see any good point from writing a complaint

leanne-jones :

Yes. But the treatment you have suffered is because of your sex and that is why you have a claim

leanne-jones :

If you do not wish to take it to a Tribunal then there is not much you can do

leanne-jones :

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

leanne-jones :

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

JACUSTOMER-sd7ff46m- :

so i didnt work long enough to do anything after what happened? thats riddiculous

leanne-jones :

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

leanne-jones :

But I agree, the law is not ideal. In fact it recently changed from 1 year to 2 years service before you can claim

JACUSTOMER-sd7ff46m- :

ok, i think i know everything. thats for your help!

leanne-jones :

Welcome - please remember to give me a great rating, even though it may not be the answer you want. Thanks

leanne-jones :

Can I assist further?

Expert:  leanne-jones replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions