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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61821
Experience:  Qualified Employment Solicitor
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I am considering a tribunal claim for victimisation and

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I am considering a tribunal claim for victimisation and consequent unfair dismissal. I have 3 questions:1.) I am referring to the Equality Act 2010 for victimisation. Is that correct?2.) Do I just need to prove victimisation or do I also need to disprove the allegations for poor performance on which my dismissal is allegedly based on to win the case.3.) Can I use recordings on my phone from work meetings in the hearing? Some of them foster my case.Thanks
Ben Jones

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.

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Can I just check, how long have you worked for your employer?

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Customer: replied 10 days ago.
13 months

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

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Many thanks for your patience. To answer your queries:

 

  1. Yes that is correct in terms of claiming victimisation
  2. You need to show there was victimisation but the unfair dismissal claim is for the employer to prove, meaning that they need to prove the dismissal was fair and not as a result of victimisation
  3. You can request that but there is no guarantee it will be allowed. In the end, it is down to the Employment Tribunal to decide what is admissible evidence and what is allowed to be used as evidence in the case. So you can include them as part of your evidence but the employer may challenge their use and then it is for the Employment Tribunal to make a decision on whether to allow them.

 

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