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Tribunal win

5 replies

needtoknow2 · 02/12/2020 19:17

How unusual is it to win a claim at tribunal for, severely, unlawful discrimination on the grounds of: race, gender and age as well as one count of unlawful victimisation?

OP posts:
flowery · 02/12/2020 19:36

Bringing a claim for more than one protected characteristic isn’t particularly unusual. Not sure I’ve ever seen three different characteristics claimed for simultaneously. As to how likely you are to win- that will depend on the strength of your case. If you have solid grounds for believing acts took place because of your race/sex/age obviously that will help. If you are not sure why things took place and are speculatively chucking in any protected characteristic you have, that will obviously be a weaker case.

needtoknow2 · 02/12/2020 20:35

If one claims for all three characteristics, is it class as one act or three separate acts, for the purposes of remedy?

OP posts:
flowery · 02/12/2020 20:41

If it's about the same facts, then it would normally be one injury to feelings award regardless of it being multiple protected characteristics. If it's separate acts then it would be separate.

If you're bringing or contemplating bringing a claim for multiple protected characteristics I would strongly advise you seek professional advice, and talk to a solicitor. That will not be a straightforward claim and although you can bring it yourself, I would advise against it.

A solicitor will be able to look at the facts, tell you how strong a case you may have and answer these questions much more specifically.

needtoknow2 · 02/12/2020 20:46

To be clear, I have just succeeded with the claim. I am a litigant in person and I need to draft a remedy statement. If the Respondent does not apologise between now and the remedy hearing, will that be an aggravating feature?

OP posts:
flowery · 02/12/2020 22:46

Why ask about how unusual it is to win then?

Lack of apology would probably not result in aggravated damages on its own but it could be a factor.

It’s really not possible to give any meaningful advice on remedies for what I imagine is a complex claim with absolutely no information about the claim. You should really seek proper advice.

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