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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 54553
Experience:  Qualified Solicitor
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I am looking for help with a case of discrimination at work?

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I am looking for help with a case of discrimination at work?
Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?
Customer: I have with HR
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and I dont belong to a union
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I believe the next steps will be to start a grievance procedure, then potentially conciliation and finally an employment tribunal

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

What do you specifically wish to know about this?

Customer: replied 6 months ago.
Hi Ben, thank you!
Customer: replied 6 months ago.
This message service works perfectly for me
Customer: replied 6 months ago.
I am looking to start a grievance process and I don't know where to start or what to do?
Customer: replied 6 months ago.
Do i require legal assistance to do this?

Hi there, you certainly do not need legal assistance to start a grievance and most of the time your employer does not even have to allow a lawyer to be involved in the process. it is an internal procedure and as such it is just between you and the employer. There may be a formal grievance policy at work so check that first to see if it says anything about the way the employer wants you to raise a grievance. If there is no such policy, you would usually start the grievance by submitting your complaint in writing to your line manager and making it clear you want them to treat it as a formal grievance.

In terms of the next steps, you are correct that after a grievance (and a subsequent appeal), your option is to contact ACAS for early conciliation and then once that has finished, if it was unsuccessful, you can make a claim in the employment tribunal. The most important thing is that a claim (this means the ACAS process) must be started within 3 months of the alleged discriminatory act taking place so do not get carried away with the grievance procedure and miss the deadline in the meantime. You can start the claim even if the grievance has not been finalised.

Does this answer your query?

Customer: replied 6 months ago.
That is what I suspected. I am confused as to how I word a letter and ask for compensation? I wouldn't even know what to ask for? Could you provide some assistance?
Customer: replied 6 months ago.
The goal is to obtain a payout, however how do I even know what to ask for?

We cannot help with drafting, unfortunately, especially as each situation will be tailored to its own facts and you really need to have someone know your situation in detail before they advise on it that specifically. You just have to put things in your own words, there is no need for any special terms or legal references - say what you feel and what you want, even if it is direct

Customer: replied 6 months ago.
Do you have any advice on how to work out a compensatiojn figure?

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 (£900 - £8,600)

· Middle band - for serious cases which are not serious enough to fall within the highest band (£8,600 - £25,700)

· Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£25,700 - £42,900). Awards can exceed this only in the most exceptional cases.

The above are the general guidelines but the tribunals have the power to increase them by a further 10% to take into account inflation.

Customer: replied 6 months ago.
Thanks Ben, this is really helpful. Within my grievance letter should I mention a figure for compensation or should I leave this for the tribunal?

There is no need to mention any of that in the grievance

Ben Jones and 3 other Law Specialists are ready to help you