Discrimination - legal opinions?

[madwomanintheattic]

So, have been asked to submit evidence as part of an ongoing sex discrimination case. The thang is, I think that there was discrimination, but not because of sex, more of a personal issue... That's not to say that sex discrimination was/ is not a part of the general ambience of the work environment in question, but that I don't think it was the primary motivating factor (or actually, any motivating factor) in this particular instance.

Is there any way the company can be found guilty of discrimination against an individual (just because they don't like them...) rather than on race/sex etc grounds? Afaik there has been no dismissal, just a (hesitate to use the word but will) campaign of active dislike? (poss bullying/ harassment)

I suspect they will settle for a lump sum in any case, rather than the spectacle of the case... But I am curious what the outcome could be in a legal sense...

Any ideas what could happen next?

I also seem to be being asked to comment/ make a statement by both 'sides' and am somewhat confused as to what to do - can I make one statement and submit to both sides? Or do I have to answer each side individually as they contact me or ask different questions? I don't particularly want to be seen to be taking sides - I actually disagree with both parties in their polarised views of the situation... and I don't want to appear partisan, but do need to be clear in my view.

All thoughts welcome...

Claimants tend to prefer to bring discrimination claims because there is no minimum length of service and no cap on the award.

I'm a bit confused by your post but I gather you are being asked to give evidence by both sides in a dispute with a former colleague of yours against your mutual employer? If so, easily the best bet is to make one statement to both.

Things that look like bullying often are discrimination and in other cases often amount to constructive dismissal, or at least a grievance, so just say what you saw. The tribunal won't be interested in what you thought might have motivated it, just in what you actually know.

If the claimant is claiming sex discrimination then that will be the focus of the issues under consideration. The claimant can't then withdraw and resubmit a claim based on bullying simply because that's what other people think was going on. It would be up to the tribunal to make the decisions about motivation, no-one else. The tribunal might indeed decide that there was bullying but not discrimination.

In terms of answering qns, You should simply answer each qn given, to the best of your knowledge. There is no need to give the same info to both sides, but nothing to say you can't. It does get very pressurised when people desperately want you to paint things as they saw them, not as you saw them. You just need to try hard to resist being drawn into this, and resist pressure to speculate on the motives of others.

One way to avoid the pressure is to submit your own statement to both with a letter saying that you are happy to answer further questions of fact by letter, but that you will copy the letter asking the question and your answer to the other side.

Like I said before, what you think about the ins and outs of it is not relevant to the case. Straight answers based on fact are fine, and beyond that I would begin the answer to any "fishing" question with "I do not know the motivation. What I saw was..."

Thanks both. Yes, that's essentially it - both sides are contacting me asking for comment/ evidence re the treatment of a former colleague (but I was the one that left, they are still there).

I actually informally interviewed the complainant about one of the incidents (a long time ago) at the request of the employer, which is now being painted as part of a discrimination investigation (indeed at one point it appears that I am named as the person responsible for e&d in the workplace at the time, which was not the case at all.)

Do either of you mind if I ask a question re motivation via pm? I don't really want to put it on open forum... But I don't want to harass you, either!

Ah, just discovered the tribunal starts on monday.

Nice of them to give me time to read the reports, anyway.

You are not required to attend the tribunal, you could just say no thanks and get n with your life.

Oh, I can't go anyway, tbh. (not in the country) I was just slightly bemused that they had emailed me on Thursday for a statement and to answer questions, and not confirmed that in fact it's happening so soon!

Interesting that I am under no compunction to respond, though. Do they have recourse to summon me later if it all goes pear shaped?