Transfer of preliminary hearing

[Ots]

I have made a claim in respect of race discrimination against my trade union for not providing a service to me. The claim has been accepted and I'm waiting for their response.

A preliminary hearing has been listed for October to be heard in Croydon. The Trade union office is in Leatherhead. I live in Liverpool. I'm confused as to the reason the Croydon tribunal are dealing with this. I would have some issues in attending namely the cost of travel and would have to stay in a hotel the night before. Can I ask for the hearing to he heard in my local Tribunal office in Manchester? Any advice on this would be very much appreciated.

[ULA]

Are you employed by the Trade Union and therefore going to an Employment Tribunal?

[Ots]

Hi. No I'm not employed. The claim is about the Union refusing to provide a service.

[ULA]

Sorry I am trying to understand why you have brought a race discrimination claim via an employment tribunal when you were not employed by the union.

[Ots]

As I understand it. Its unlawful for someone who provides a service to discriminate against a service user.

[mariefab]

As I understand it. Its unlawful for someone who provides a service to discriminate against a service user.

Yes, it is unlawful.
But in the Employment Tribunal you can only bring claims against your employer.
So, as the union is not your employer but a service provider the Tribunal won't have jurisdiction to hear your claim.

[ULA]

Unless you are or where (within the preceding three months) an employee of the union then an employment tribunal is not the correct place to present your claim.

Have you completed anET1 form which a response from the Trade Union via an ET3 form?

Has ACAS contacted you?

[Ots]

Hi. I'm an ex Police Office. I've been refused legal funding by the Police Federation in respect of an appeal against a criminal conviction. It may help if you read this article: https://www.theguardian.com/uk/2006/oct/02/race.ukcrime

[ULA]

Ok thanks for the link to the article which does help to explain the situation. I assume that you have used this case from 2006 as a basis for bringing your potential claim due to the similarities in your current situation.

Employment Tribunal hearing are normally held at the closest Tribunal office to where you worked, however that is in relation to Hearings and I am not sure whether this applies on the case of Preliminary Hearings.

I would suggest that you maybe contact the Employment Tribunal Customer Contact Centre 0300 123 1024 who could advise more specifically about the reason why the Croydon Tribunal has been chosen as the venue.

[Ots]

Hi. I've just spoken to them. It seems it's because they wrongly assumed I was an employee of the Federation. They suggested I ask for the case to be heard at Manchester, which I've now done. Hopefully a Judge will move it.

[ULA]

Glad the number was useful. Fingers crossed you will get it moved nearer to your home.

[Ots]

I think its an unusual case and one the Federation would not want to repeat. Sorry forgot to say thanks for your help.

[ULA]

It sounds an unusual case. Best of luck and glad I could be of some help.

[psychojuice]

I to am in a similar position. My union is refusing to provide me legal support for my discrimination case, so they to are discriminating against me. I called ACAS and the rep said it should be taken to an ET. But that can't be right can it?

[Amethyst]

I think OTS knows the procedure on this best at the moment - or ACAS would be good to have a chat with - did you read the link OTS gave in post #8 ?