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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49842
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked with this bank for over 5yrs and during that

Customer Question

I have worked with this bank for over 5yrs and during that time I have been through every discrimination possible. I raised 3 grievances and only 1 was heard, which I, not surprisingly, lost. I was then forced to find work 70miles away from home during this period. I initially took my case to a solicitor who told me I only had a 50% chance of winning a suit against them. I found out later that her company had conflicting interest with this bank but I am still paying for services NOT rendered. I am now in a dire position, I have been commuting everyday from home for over a year but couldn't cope with the financial strain, this has pushed me into debt. I started staying with a friend I met online out of desperation, for free but she is now getting tired of me staying with her. I am now in a serious financial situation and I have asked my employers to help me but they claim I do not qualify for financial help. I cannot approach a debt management company because I will lose my job from the consequence of going on a debt management plan. I know due to limitations, it's too late to take them to court for the past experiences but all those events have led me to this catch 22 situation and I have nowhere to turn. Is there anything I can do?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. When was the last time you experienced any discrimination?
JACUSTOMER-ndybvwyh- :

This is the thing, I believe I am still suffering discrimination right now because I am in this situation because I was threatened in my previous post and as a result have had to continue working far from my locality. The threat itself was made in November 2011 and would have led to my constructive dismissal if I had not left to work in a different area in April 2012. This issue has never been resolved and I am still unable to return to work close to my home and family as long as I am with this company because the manager who discriminated against me is still there.

Ben Jones :

Thank you. I am just traveling at the moment and cannot view your entire response. If you can give me until about mid morning I will be able to concentrate fully. I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

JACUSTOMER-ndybvwyh- :

Thanks Ben, no problem at all. Looking forward to your response.

Ben Jones :

Thanks for your patience. From an employment law perspective, whilst you do have certain rights, you will have to check hat you are still within time to do something about them.

Discrimination on grounds of a protected characteristic are unlawful and if you have been treated detrimentally because of age, gender, race, religion, a disability, sexual orientation or pregnancy then it is something that you would have protection against.

Whilst the first step would be to raise a formal grievance with the employer, if you were seeking to take legal action against the employer, then there are strict time limits that apply. For discrimination claims you are required to submit your claim within 3 months of the discriminatory act being complained of. So if you believe that you are still within time to make this claim you can consider making it and seeking compensation.

Whilst constructive dismissal is also a potential claim, you have to be aware that it needs to be made as soon as possible after the breach that forced you to resign. The longer you leave it the more it would be implied that you had accepted the situation and your claim will likely fail due to that. So do not delay any such action unreasonably because it can affect your rights.

You may wish to find a new solicitor who has no conflict issues with the employer and there are still some solicitors who could consider working on a no win no fee basis but there are not many of these. Whatever you do, as mentioned above, you should not delay taking any action because the longer you leave it the harder it would be to pursue your rights.