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Original poster

Going to employment tribunal for sex discrimination

61 replies

willowsmam · 13/04/2018 19:10

This might be a bit long winded and tbh I’m not really sure what it is I expect to get... maybe some support/validation/tips from people that have been there.

I was the only female in a team of men and we travelled the world together as a team. I got a little closer than I should have done to one of the guys, to the extend that his wife thought he was having an affair with me. It wasn’t, but I got the impression he wanted one and when I backed away, things got difficult.

It ended up that I spoke to him about how he kept looking at me and how we were trying to have a professional relationship. He went to HR, said I was harassing him. Next thing I knew, I received a written warning by email. Yep... no investigation, no evidence, no hearing.... they took his word over mine. And to make things worse, his best mate who also worked in our team also stuck the boot in, and the whole team had to be consulted and the decision was that I needed a warning. And that is what I got!

I appealed the warning on the basis that it was unfair, unwarranted and didn’t follow the ACAS guidelines, and I submitted a grievance that I felt the process and parts of the warning discriminated against me (and detailed those).

2 weeks later I was dismissed for poor fit/apparently poor performance plus this issue with this guy. Even though my performance was great and had only received praise up to that point. Then they decided they were making me redundant.

I’m taking them to tribunal. They didn’t even respond to the tribunal papers so the court has awarded a defaulted judgement in my favour. However they’ve now decided to lawyer up and have asked the court to set the judgement aside and allow them to respond.

My employment was terminated 4 months ago now and and I’m still angry and hurt over what has happened. I’m working again, albeit in a lower paid role. The company seem much better but I’m constantly haunted by what has happened. And I obsess about it constantly. I wish it was over.

OP posts:
daisychain01 · 15/04/2018 07:42

I get what you're saying about using the discrimination card. But sometimes these things need discussion to work out what's really going on.

The OPs point is why should she be the one to lose her job and be ostracised while the male employee gets let off the hook when they were not an innocent party. It does smack of discrimination, but whether a Tribunal would see it like that is another story.

daisychain01 · 15/04/2018 07:54

OP rereading your opening post, you said you are taking them to Tribunal. Then in the next sentence you say you were dismissed 4 months ago. You do realise Tribunal work to strict deadlines for submitting your form ET 1 within 3 months minus a day of your date of dismissal, right?

If you haven't met that deadline, - and form ET1 requires a certificate number to show you've already completed the ACAS Early Conciliation process, you've definitely missed the boat on Tribunal.

As I said upthread, best to move forward from this nightmare and learn from it.

YouStacey · 15/04/2018 08:04

Daisy - the OP is clear in her opening thread that the case has already gone to the ET and they've given judgement in default. So I assume she put in her claim within3 months of dismissal.

Lucy001 · 15/04/2018 08:31

Well according to one of his or her persona, she's definitely in time to make a claim anyway, as she hadn't yet been dismissed four weeks ago! Of course, on another site she had already made the claim - and had it heard and a judgement within three weeks, which is the fastest tribunal in the country because even a default judgement doesn't happen that fast. On another site they are maintaining three persona - the employer, the employee, and as of yesterday another employer persona. All with just slight variations in the story. So perhaps they'd like to explain this. But they haven't when challenged elsewhere.

Original poster
willowsmam · 15/04/2018 10:19

I have posted on a few forums and maybe not in the proper way. However if someone has posted that they’re still employed then maybe it isn’t actually me?!

I’m really struggling to get over this. It’s been really upsetting for me, I can’t even begin to explain how much. And yes, I’m slightly obsessive and trying to really get my head around it all. I have days where I wake up and wonder if it’s all in my head and am I making mountains out of mole hills and then other days I wake up absolutely devastated and I sit in floods of tears before trying to get on with my day. I am sorry to anyone that does feel like I deceived them, it really wasn’t the best way to go about it. But this is real life for me, not some kind of a sick joke. There’s only so many times my friend s and family can listen to the same story.

I was informed of my dismissal at the beginning of December and was then placed on garden leave for 5 weeks. During that time, my solicitor had attempted to get a settlement for me and when my employer started ignoring their calls/emails, we went to ACAS for early conciliation. They didn’t get any engagement so we lodged the claim in February.

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Original poster
willowsmam · 15/04/2018 10:21

I didn’t post anywhere yesterday with an employer persona, I only did that once and it was white a few weeks ago

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TittyGolightly · 15/04/2018 10:34

Has the tribunal sat? That’s amazingly quick.

daisychain01 · 15/04/2018 10:38

OP this is your life and life isn't perfect as we all know. It's a horribly stressful process no matter who was right or wrong. I feel for you.

You are clearly "stuck" psychologically and need resolution. Could you try to get some counselling to help you formulate coping strategies and a way to get to the next phase in your life, and put all this into a box so you can let it go?

YouStacey · 15/04/2018 10:39

The ET hasn't sat. The OP could have applied for judgement in default when the employer failed to file its defence in the allowed time. Whether that could or is likely to have happened within the stated time-frame I've no idea.

Original poster
willowsmam · 15/04/2018 10:43

They tribunal didn’t hear my case if that’s what you mean. And as far as I’m aware, we didn’t have to apply for the default judgement - it was just issued.

I submitted my claim middle of feb and we received the default judgement within the last week.

I know there’s limited insight I can get online and that’s why I posted that I’m really not sure what it is I’m on here looking for. And you’re right, I do need a resolution. When nothing was happening after I submitted my claim, it didn’t go away but was much easier to push it to the back of my mind. But then when things happen with it (the default judgement etc), it brings it all to the forefront of my mind and I just can’t seem to focus properly on anything else. I have no idea now how long it’ll go on for, so I have a rocky road ahead as I need to see it through to the end.

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TittyGolightly · 15/04/2018 10:48

Is there a reason you aren’t asking your solicitor? Seems a bit odd to be posting all over the internet for advice when you have someone who knows what’s been said legally that could advise you.

You need to honk about what happens if the case doesn’t go the way you want it to. 2 sides to every shorty and all that.

TittyGolightly · 15/04/2018 10:49

*think, not honk
*story, not shorty

Original poster
willowsmam · 15/04/2018 11:02

I know what happens next, I know that the process has been unfair however it’s essentially up to the tribunal to decide if it was discrimination or not.

And I know there is two sides to every story and that’s why it’s hard for me to have an objective view on it, because I am very embroiled in my side.

It’ll be interesting to hear what their side is though.

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Original poster
willowsmam · 15/04/2018 11:04

And if it doesn’t go how I want it to, then there’s really not much I can do. I’ll have to just try and move on. But I didn’t feel any closure in getting the details judgement. I think because no one has actually made a decision on what did or didn’t happen... and the fact we knew they’d probably apply to the court to have it set aside. Which they did do.

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Original poster
willowsmam · 15/04/2018 11:04

Sorry *default judgement

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daisychain01 · 15/04/2018 11:05

Is there a reason you aren’t asking your solicitor?

All it does is rack up solicitors fees every time the solicitor answers an email, or the phone. Invariably they aren't available until deadlines are looming then they act quickly. People don't have limitless resource to use their solicitor for dynamic Q&A so they ask people who've been through it. Nothing strange there.

TittyGolightly · 15/04/2018 11:06

I do understand. Employment law isn’t like criminal law. The employer only has to believe that the situation was 51% your spin and 49% your colleagues and there is no discrimination case to answer.

The tribunal is letting all manner of bizarre cases through at the moment. That they are hearing yours doesn’t mean you’re more likely to win. :(

Original poster
willowsmam · 15/04/2018 11:23

I know that there’s no certainly they will find in my favour however having a decision made by someone in authority would at least give some closure.

Posting and hearing views also helps me know if I’m just being completely oversensitve as I keep questioning if I’m just being stupid and over reacting .

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Original poster
willowsmam · 15/04/2018 11:44

Do you know much about the ET process @tittygolightly?

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TittyGolightly · 15/04/2018 11:48

I do. (HR professional of many years.)

Original poster
willowsmam · 15/04/2018 12:04

What are the courts like for allowing responses from the respondent when the deadline has passed? Solicitor seemed to think they’d allow it. And from what I’ve read online I agree

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TittyGolightly · 15/04/2018 12:16

Organisations are still adjusting to the impact of tribunal fees being outlawed. In addition the tribunal doesn’t seem to be weeding out ineligible cases (I spent 10 days at tribunal for a case brought by a bank worker who had no case!). So yes, employers are being given some leeway while the new system beds in.

Original poster
willowsmam · 15/04/2018 12:23

I wasn’t aware there was a change in the system but I did read about the fact fees aren’t payable. I’ve never been down this road before so it’s all new to me. Although I’m fairly familiar with disciplinary procedures etc but that’s it. I’ve never even been on the receiving end of a warning before, only in disciplining others

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TittyGolightly · 15/04/2018 12:28

Doesn’t sound like they’ve followed process from your account, but whether that matters with less than 2 years service remains to be seen.

I work in the NHS at present. Over the 3 years before the fee change we had 1 tribunal claim. Since last July we’ve had 7. None have succeeded so far.

Original poster
willowsmam · 15/04/2018 12:38

I know I have no unfair dismissal claim because I didn’t have 2 years service. But I find it highly suspicious that they created performance issues 2 weeks after I appealed the warning and submitted a grievance that I felt the process and elements of the warning discriminated against me. I don’t have any documentation to say what was discussed during that meeting and I didn’t have a witness as I was pulled to one side when I was making a coffee...

But I did follow it up in writing afterwards, and they didn’t content the email I sent. And even though they’ve since sent me a redundancy letter, the HR person did tell my solicitor I had been dismissed for poor performance.

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