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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience:  Qualified Solicitor
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I am about to fill in an ET1 form against my employer and

Customer Question

Hi There
JA: Hello. How can I help?
Customer: I am about to fill in an ET1 form against my employer and would like to know if my case will stand as a discrimination claim
JA: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?
Customer: My organisation went through a restructuring over the past year and I was treated differently from two of my white British colleagues. As a result, I was not included in the consultations for the re-structuring and I was not offered a role in the new structure. I was demoted to a different position within the organisation. I need support with completing the ET1 form and advice on whether this will stand as a discrimination case.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee, I am a union member but they will not be able to support as I joined late
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of thank you
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 18 days ago.
Hi Ben
Expert:  Ben Jones replied 18 days ago.

Can I just check how long you have worked for this employer? and what specifically do you need to know about the ET1 form?

Customer: replied 18 days ago.
I have worked there for 2 years
Customer: replied 18 days ago.
I would like to know if my case will stand as a discrimination one
Expert:  Ben Jones replied 18 days ago.

OK thanks. Have you worked there for exactly 2 years? What is your actual start date please?

Customer: replied 18 days ago.
Start date is 05/08/2019
Customer: replied 18 days ago.
Expert:  Ben Jones replied 18 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 18 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitably certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have.

Based on what you have said, you will indeed be claiming for discrimination as that is what this situation would be pursuable as. The legal position is that you simply need to show that, on the balance of probabilities, without any explanation, the alleged discrimination had occurred. If you did establish these facts, the burden would then shift to the employer to explain the treatment, and to try to satisfy the tribunal that the treatment was not affected by discrimination.

So if you were treated differently to colleagues of a different race and without any explanation there is no plausible reason as to why it happened, you are likely to satisfy the first hurdle and the burden of proof would then shift on to the employer to disprove that and provide evidence or justification of why they believe there was no discrimination.

Expert:  Ben Jones replied 17 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Customer: replied 17 days ago.
Hi Ben, this was useful. Thank you
Expert:  Ben Jones replied 17 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best