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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47641
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Appeal request

Resolved Question:

in a letter requesting an appeal for unfair dismissal, I have written :

In the event that my appeall is not succesful, I reserve my position to bring a claim for sex discrimination as i have been treated less favourably than a female employee due to my size and gender"

If I leave this sentence out, can i still bring this claim should I want. ?

I want to appear conciliatory at this stage  and worry this line is confrontational.

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me the reason for your dismal please

Customer:

for using foul language to a female colleague ( outside the workplace and only after she had slapped me.)

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones : Hi, apologies for the delay there have been some technical issues with the site where I was unable to actually type anything in the response box for a while...hopefully you will get this. It is entirely permissible to use this phrase in your appeal letter because all you are doing is stating your rights, which cannot be removed in any event. So it is not going to be seen as a provocative act, where you are saying you either want a successful outcome with the appeal or you are going to sue them, you are clearly stating that you reserve your rights to pursue the matter further if necessary, which is your legal right to do so if you are unassisted with the outcome of the appeal. At the same time you are not required to state this in order to pursue a claim for discrimination after the appeal, regardless of the outcome. You can make the claim anyway even if you do not mention it in any way in your correspondence with the employer. So you can either leave it out or include it...you are still able to make the claim if you wanted to so the choose reply is yours. Hope this clarifies your position?
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