Is an 'Employment Tribunal' the only court for suing employer

[Avery]

Hi there,
I have been battling against my employer, in the form of an "ill Health Capability Hearing" and various emails going back and forth.

The outcome is that they are going to dismiss me on the grounds of 'ill health capability', because I can no longer perform my full role due to what has become a disability (as defined by the Equality Act 2010).

I have sent them plenty of links to the HSE (Health & Safety Executive) website, and the Equality & Human Rights Commission website, showing them exactly where they are going wrong, but they didn't even raise this matter - and just decided to fire me anyway.

So, it looks like I will be taking them to a Tribunal.

1. However, seeing as it is now pretty clear that my employer has violated statutes (re; protected characteristic > disability), is an Employment Tribunal my only option... or can I take them to another court with much sharper teeth, like Chancery for example?

2. Are Employment Tribunals "public", like regular court cases?

I think my employer will be more terrified of bad publicity, than losing a case in the private.


These are the statutes I brought to their attention, before they decided to fire me. I guess you could say that they are on notice in a manor of speaking:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

HSE (Health & Safety Executive)

Health and Safety at Work: Criminal and Civil Law
https://www.hse.gov.uk/simple-health...safety-law.htm

Complying with the law

“No one has to have been harmed for an offence to be committed under HSWA – there only has to be a risk of harm“

“If you do not comply with a regulation relevant to your work, you’ll normally be committing a criminal offence and could:
• be prosecuted“

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Equality & Human Rights Commission

6. Making sure an adjustment is effective for an employee
https://www.equalityhumanrights.com/...ctive-employee

“It may be that several adjustments are required in order to remove or reduce a range of disadvantages and sometimes these will not be obvious to you…”

8. Examples of reasonable adjustments in practice
https://www.equalityhumanrights.com/...ments-practice

“Allocating some of the disabled worker’s duties to another worker.“

“In some situations, a reasonable adjustment will not work without the co-operation of other workers. Your other staff may therefore have an important role in helping make sure that a reasonable adjustment is carried out in practice. You must make Sure that this happens…”

11. What do we mean by reasonable?
https://www.equalityhumanrights.com/...ean-reasonable

“You can treat disabled people better or 'more favourably' than non-disabled people and sometimes this may be part of the solution."

“The adjustment must be effective in helping to remove or reduce any disadvantage the disabled worker is facing. If it doesn't have any impact then there is no point.”

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _


Any help would be much appreciated.

Thanks

[dslippy]

All Employment Tribunal hearings are published on Bailii in full.
County Court proceedings much less so.
Generally ET is much more agreeable for employment related issues.
What you quote are aiuthoritative, but not statutes.
There are limitations (I forget what) on actions relating to employment related matters outside the \ET- possibly allowed where a remedy is wanted unavailable in the ET.
Be very careful as to costs.

[ULA]

1. Following up what has been said by dslippy for employment related claims then the ET is the best way for you to proceed in terms of the correct court, based on the limited information you have provided. In addition to make an ET claim their are no costs to you and typically parties will bear their own costs for any legal representation unless, in the very rare event, a costs order is made.

There are limitations in bringing a claim to the ET which must be done within 3 months less a day of your termination if you are dismissed. The process of bringing an ET claim starts with the Early Conciliation process with ACAS.

2. Yes the majority of ET hearings are public unless there are a specific set of circumstances that may allow for a private hearing.

[sandfordboy]

Be cautious of time scales, time & tide & all that. You already have very useful comment.

[Avery]

All Employment Tribunal hearings are published on Bailii in full.

• Thank you, you've just given me a treasure chest ( https://www.bailii.org/uk/cases/UKET/ ) ... I can see all the other cases against my employer. And it looks like the claimant withdrew their claim with all of the disability discrimination claims.

... I am therefore guessing that my employer caved in, and offered something to the employee so they were enticed to withdraw.

County Court proceedings much less so.



Generally ET is much more agreeable for employment related issues.

• I assume you are saying ET are more agreeable to the Employee? Thanks.



What you quote are aiuthoritative, but not statutes.

• I've been looking through the Equality Act 2010 ( https://www.legislation.gov.uk/ukpga/2010/15/contents ). I find this harder to read than the regulatory sites I posted above. The language is a bit of a struggle, and I find it hard to identify the elements of real substance.



There are limitations (I forget what) on actions relating to employment related matters outside the \ET- possibly allowed where a remedy is wanted unavailable in the ET.

• Are you referring to the time limit after the 'event' in which the employee can bring a case? If so, I think it is 3 months minus 3 days, or something like that.



Be very careful as to costs.

• I have heard that with ETs the winning party doesn't have all their legal fees paid by the losing party, each side have to pay their own costs. Is this what you were referring to?

[Avery]

1. Following up what has been said by dslippy for employment related claims then the ET is the best way for you to proceed in terms of the correct court, based on the limited information you have provided. In addition to make an ET claim their are no costs to you and typically parties will bear their own costs for any legal representation unless, in the very rare event, a costs order is made.

There are limitations in bringing a claim to the ET which must be done within 3 months less a day of your termination if you are dismissed. The process of bringing an ET claim starts with the Early Conciliation process with ACAS.

2. Yes the majority of ET hearings are public unless there are a specific set of circumstances that may allow for a private hearing.

Thank you