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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was a mature student at Rodbaston Agricultural College, on

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I was a mature student at Rodbaston Agricultural College, on a 2 year dip HE course. I had started the course with a history of clinical mental health depression and as such was on medication. The staff at the college was aware of my health condition and they was happy for me to undertake the training, (The truth is it was also therapeutic for me). However, after completing my first year and 1st term of my second year, I then became very ill with my depression and was thinking of suicide. My GP wrote letters to the college and It was agreed that I should put my course on hold so that I could concentrate on becoming well again, (this included lots of tablets and therapy). Until my illness all of my grades had been distinctions. After becoming well again (approximately 6 months ) I started back to my course joining the previous cohort of students. Hence, I still had two terms work to undertake. This was achieved with yet again all distinctions...The truth is I was now the star student and in line not only for my dip he qualification but also outstanding student award. ..Thus, at the graduation I was awarded my dip HE but no outstanding award. (no student was given the award from our faculty) ....Afterwards, I emailed my tutor asking if all my grades had been ok and why I had not been given the award...( I was clearly the star student and had put in more effort and had perfect distinctions) ....The tutor emailed me stating that all my grades had been fine and she had nominated me for the award but it had been overruled due to my extra time to complete. ...I explained that I had not had any more time than other students and was not given any other work while sick. My time away was solely to recover. I have made a complaint to the college and the tutor who is supposed to overruled the nomination, is now stating that the my tutor never nominated me....Clearly, there is a discrepancy between tutors. I did then write to the head dean. He then asked the matter to be looked into. Its taken five months, so I contacted the EASS who wrote to the college regarding Equality Act 2010 and discrimination concerning my mental health. The college did answer, stating that there had been no nominations for that faculty this year and that they would supply me with letters of recommendation...Clearly, I am still upset because I put more effort in than others and have been denied the award. It is poppy cock that they state there was no nominations this year. There have always been nominations and this year they had a student with all distinctions star plus!!! Furthermore, there reply does not explain why my tutor had emailed me stating something totally different!....Therefore, Can you please tell me; do i have a discrimination case and what is now the way forward.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Are you saying they have treated you less favourably because of your condition?

Customer:

yes....There have always been nominations each year and students awarded an outstanding student award for each faculty.. I am not just say this, but I was head and shoulders above my peers.

Alex Watts :

You need to write and set out your losses and that you have been discriminated against and want a response within 14 days or say you will go to Court. You should make sure you send this recorded delivery and keep a copy.


 


If they do not response you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. But you need to quantify a loss - or you can put TBA if you issue a paper claim.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

I have already sent several letters of complaint to the college explaining my loss of the award and its impact...Also, I did contact the EASS who wrote to the college....The college have made a reply but its a meek attempt to smooth over a wrong!....I do have in front of me a N1 form.....Its now knowing what and how to put this forward?

Alex Watts :

You need to say on what basis they have breached the Equality Act and what you seek to recover

Alex Watts :

You put this in the particulars of claim

Alex Watts :

Does that help?

Customer:

yes, do I ask for the award that I want and / or financial compensation?

Alex Watts :

You can ask for either or both

Customer:

If I ask for financial to be part of my claim...How do I value my compensation?....is that based on tuition / college fees or feelings ??

Alex Watts :

You can put for the Court to decide.

Customer:

ok....I had read around this a little but I think you have explained it well to me.....Thank you for you help a.Alex

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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