Employment Tribunal

[gwenner]

I lost my job last year as my boss didn't like having a woman in my team. I returned to work when my child was 10 wks old and he made my life as difficult as possible from there on in. I was told before I was "made redundant" that I'd be out because he hated me.
Since then I have struggled to find work. I was temping and became pregnant. I had no maternity rights and was forced to have a termination. This was particularly hard as I struggled and had to have treatment to have my children. I just had no alternative as I couldn't afford to not work as I would lose my home.
A few weeks later, I got an offer of a permanent job which I am now working in.

Over a year on and just a month from tribunal the company are trying to make me accept a paltry settlement to keep me from going to the tribunal and are threatening me they will pursue me for costs.
I am in a mess about what I had to do, I am in tears in the toilets at work daily and every time I look at my children I feel angry and devastated by what's happened. They can't possibly compensate me for what they've done to me. What do I do? Please help me, I have noone to talk to about this and I am struggling to cope .

Your local CAB.

Go the whole hog. You'll only regret it if you don't

My understanding is it is very rare for costs to be awarded to the employer. It is probably a scare tactic - what does your solicitor say. Do you have a union or proffessional body you can talk to.

She says they can award costs if I am seen to be being unreasonable. I think it's a tactic but I have largely "mitigated my loss" by having to work so they are banking on me being too poor to carry on for just the discrimination claim. But they've taken something from me I can never get back. And I don't think it's right. I am more inclined to go to ET as that's my right to get a judgement rather than be bought off with no admission they did it all to me.

Go to to tribunal.Accepting a small pay off without fault being admitted lets them continue to bully you. Fight them.

You are not unreasonable to fight a case of discrimination even if you have mitigated your loss. There is case law on this but I can't find it while on mat leave myself. Costs are very rarely awarded and this sounds like a standard respondent letter/call to persuade you to drop the case as it is expensive and time consuming to fight a claimant. I've done this many times for clients, often telling them they have no chance of getting the costs even if they do ask for them, but equally often advising them not to even ask the et at the hearing as it does not always play well if they are a large company fighting an individual claimant.

However be careful if you do go to the ET. Discrimination cases are notoriously hard to prove and the judgement might not say what you expect it to. If you want you day in court and to stand up to the company go for it, but do ask yourself what you really want to achieve out of this. Even if you win the company may still believe the ET was wrong and you won't get and admission or an apology from the judgement itself.

And it'll happen to someone else. The manager in question has been promoted since I left - and will be managing women in the new role.. God help them.

Good luck then and look after yourself...

Thanks Hilda. I don't know if it's worth telling the company what has happened to me as a result of their actions and the effect it has had on me in responding to their letter.
I know that the media will be very interested in the case but I don't know if I want all the attention.

if you win, what's happened may be relevant to any award for injury to feelings, is the case a case where liability is being considered separately to remedy?

I would do a short statement on your losses, covering the peroid you were out of work, what attempts you took to get other work, when you became permanent and other issues on mitigation. I'd then do a further short paragragh or two in that statement on injury to feelings what happened to you personally etc, and keep it factual you want to sound calm rather than angry at this stage. However only do so if you can cope with being cross examined on it, and accused of exagerating etc.

I always advise clients to avoid the media, you don't know what they'll say about you, or the company or how you'll come accross. Unfortunately you also never know whether they will really be interested.

Thanks - yes liability will be considered separately to remedy. I've decided to disclose what has happened to me on the basis that then it's out in the open. I have asked for my remedy for injury to feelings to be increased on that basis. Thanks for all your help.x

I wouldn't worry about the costs angle - its all talk and no trousers. You have to behave in an exceptionally unreasonable and malicious way for the ET to even consider giving a cost order. If the people dealing with it aren't that familiar with ET proceedings they may be thinking more of regular court proceeding where there are cost penalties if you turn down an offer and are later awarded less.

They're just evil. I can't concentrate at work, I spend time every day locked in a toilet cubicle crying. I don't even want to do this anymore, I'd rather be at home with my children.
I am hoping it all will go away, but by the same token I don't want them to get away with what they've done to me.
Thanks for all your help. This is such a big distraction for me both personally and at work - I know that's what they're counting on though, so it's so kind of you all to reply to me on this and reassure me.

I so sympathise. I was dismissed last month for what seems like a deliberate attempt to find anything to get me out with. They held a meeting at my home when I was recovering from an op, which upset my child, refused to allow me to return to work despite medical advice, and generally lied and discriminated against me. I also have a case at tribunal. My solicitor says the dismissal all they have to show is it was the action another employer might have taken, even if procedures rubbish and unfair,so it may affect the whole case. But I worked my butt off for and in that job, was bullied by my LM, then let down and lied about by people I used to lunch with. The hearing was a farce, the outcome a set-up, and yes part of me would like to give up and part of me thinks no, if I win nothing but to look them in the eyes and say, you were wrong and let me down, then I'll represent myself. Our family has had an awful year. Our son has witnessed mum cry, parents arguing, my confidence is in tatters, why should they just walk away as if they've done nothing? I have to mitigate my losses by taking a job, if offered, thats good, but miles away, 2/3rds my salary and will hardly see my kid. But I think at least he sees mummy fighting this unfairness, standing up to them and saying, I'm worth more than that' You are right, they count on us wanting the distraction and reliving the pain to stop. But they almost never get costs and you'd be warned, you'd be advised to make a deposit. Its got to be your choice but they have something to lose here too, they just aren't emotionally invested in it, thats the big big difference for us. Take care

Thanks Pralinegirl. The thing is, the money won't atone for what's happened to me, I know that. But what will help, despite how stressful it may be for me is people knowing what goes on in the company and how it's tolerated and condoned. It's that simple. Even if they make an order for costs I've spent all my money on legal costs and have been in and out of work, so they'll never see a penny. It's only a few weeks now, so they're in the death throes. I can't look myself in the mirror for the rest of my life if I walk away now, I just can't. And I am with you, it's so so stressful, but at the end of the day, I've never lied in all of this and I didn't deserve for it to happen to me and my family. Take care, thanks for posting, you've no idea how much it's helped.