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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61658
Experience:  Qualified Employment Solicitor
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I was working on contract through recruitment agency. It was

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I was working on contract through recruitment agency. It was 12 months contract. However with no notice I was called to a meeting on 14 oct and they told me we are terminating your contract. They didn’t give any reason however I feel definitely I was discriminated against. I called ACAS last month and they said you may take them to court for discrimination.
Please advice.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

On what grounds do you think you were discriminated?

 

Customer: replied 9 days ago.
The person who hired me via recruitment company treated me badly. They brought me as Programme Director then I found out there is Programme manager who was doing it then he reported to me. After few weeks, she didn’t like me. She was critical of everything I do yet the outcome was great success acknowledged even by the sponsors who are directors level. She would ignore me and talk to Programme manager and others to undermine me, I think I came from minority background which is the reason .

Do you have evidence that this was the reason?

Customer: replied 7 days ago.
It is about behavioral and how they treated me

Ok that is still just your opinion though and there is no concrete proof it was discrimination in any way. However, you can still raise that possibility and as long as a tribunal is satisfied that there was a likelihood you were discriminated, the burden of proof flips on to them to prove that they did not discriminate and their decision had nothing to do with your race. So all you can realistically do is consider a discrimination claim in the Employment Tribunal within 3 months of the original decision made by them.

 

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

 

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

 

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

 

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

Customer: replied 7 days ago.
Yes thank you

All the best

Customer: replied 7 days ago.
One More question. ACAS told that I should write to them I.e. to recruitment agent and the company to see their response before I come to them. Do I need to do that?
Customer: replied 7 days ago.
Or just contact ACAS as you suggested

it is mot a legal requirement that you do so, only a recommendation

Customer: replied 7 days ago.
Thank you

No worries

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