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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
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Ben, further to my query as discussed previously, I have had

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Hi Ben, further to my query as discussed previously, I have had a response through ACAS that the company might be interested in a settlement and have asked me for a figure or a range for settlement if the issue.But I am not sure how to draw a figure for the mental stress this had caused me. And how it has been affecting me continuously. I feel like a different person now.Also, I want to make sure that this settlement becomes public in a way so that other companies and people become aware about the issues. So that no one else has to deal with thus humiliation and discrimination.I do have couple of thoughts about that:
1)Is to ask a public apology in a newspaper or something even without mentioning the identities of both.
2) Is to ask to organise a charity event for homeless people where I can possibly arrange as many Silh people as I can to work for free. They pay for the event and not the staff. In that way I can make a statement that sikhs can work in hospitality! I am not sure hiw practical this one is but I just want to make sure this issue becomes highlighted and people think about it.But at the same time I don’t want to make it too complicated either!I will appreciate your advice on this.Regards,

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

If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination, which the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case which considered this subject. The current compensation levels are as follows:

· Lower band - for less serious cases, for example an isolated incident or event (£800 - £8,400)

· Middle band - for serious cases which are not serious enough to fall within the highest band (£8,400 - £25,200)

· Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£25,200 - £42,000). Awards can exceed this only in the most exceptional cases.

So this would be the starting point and I would say your case likely falls within the higher part of the lower band.

In terms of publicising the settlement, don’t bet on it too much. It is rare for companies to publicise such settlements and the whole point of a settlement now is to avoid tribunal and the potential publicity that it brings (tribunal claims are public). In fact most settlement agreements have a clause that prevents the disclosure of anything to do with it. So if you wanted to publicise it you will likely have to proceed to tribunal and make a claim and win that way, rather than settle. You can ask them whether they are willing to consider allowing you to do that but I very much doubt they would agree.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 4 months ago.
Hi Ben, thanks for the response. It does answers my question but I am not sure how to make a decision on it. Because for me most important thing is to highlight the issue.I know its hard to say but what do you think should I expect if I do take the matter into the tribunal? Money is secondary to me on this issue because that won’t solve the problem.I want create some awesomeness about this problem which is kind of a norm in hospitality industry.Thanks,

A tribunal cannot issue anything else apart from a financial compensation order. They cannot force the employer to apologise or publicise this, so if you go to tribunal you will only be seeking financial compensation

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
Thanks Ben! I really appreciate your response.

you are most welcome