Discrimination Claims

[Rks2020]

Hi,

I have to complete a schedule of loss, does it mean if disability at the material time that was discounted so not under the EqA at the relevant time, but agreed by respondent that it had a substantial effect later as that
was not disputed, that I can include in the schedule of loss - injury to feelings ? ( the substantial effects in my impact statement was not contested.)
Claims taken to be heard at final hearing are : unlawful deduction of wages, victimisation , harassment, apart from the wages part i can calculate, how does one calculate
others for victimisation ( if found in my favour ) and harassment ? Is it best to use the lower end of scales and will the court increase them if they find they are incorrect ?

Thanks

[ULA]

Compensation for discrimination is referred to as an award for ‘"injury to feelings". Any award for injury to feelings will depend on:

- the nature and severity of the discrimination or harassment

- how long the discrimination or harassment has gone on for

- the degree of hurt or distress suffered.

Injury to feelings compensation is generally awarded within one of three "Vento bands", depending on the severity of each case.

You need to enter a sum within the band that you feel is a fair reflection of the injury to feeling you have suffered. If you are successful the judge will ultimately decide on the appropriate level of compensation.

[Rks2020]

Hi,

I have a question, I thought harassment and victimisation had to be against based upon protected characteristics, even acas said the same thing, but judge saidthey didn't have to be so these claims were put forward to final hearing.
So how did I read this incorrectly and Acas?

[Rks2020]

HI,

I realised after preliminary hearing the other day, the judge and I overlooked an amended claim, I have been waiting for the written judgement to come through so I can check, should I wait for this to come through or write to court now? The claim is in time, do I ha e to use a particular form please?

Thanks

[ULA]

You do not need to have a relevant protected characteristic to suffer harassment. You are protected against harassment where unwanted comments are directed towards you and are related to:

* someone else's protected characteristic (associative harassment) OR
* the perception that you have a protected characteristic.

Equally victimisation occurs when someone is

* disadvantaged or punished because they have complained(or intend to complain) about discrimination or harassment in the workplace OR
* because they helped someone who has been discriminated against.

[ULA]

I would suggest that given the timescales the ET is working to, if you need to make an application to amend your claim and to ensure it is within time limit, you may have to do so before you have the written correspondence from the ET.

There is no particular form like an ET1 but you do need to set out a properly worded application.

[Rks2020]

OK thanks ULA

[Rks2020]

Hi,

Had my Ph, and paper work through,
There are some errors I believe.
Judge has removed a respondent, yet that R is part of my discrimination claim apart of 1 of 3,.
My et1 at the time only had 1 respondent, but later after submission of Et1 did I get more Information that other were involved.

I did name others in my 2nd Et1 yet judge only feffred to one of them that was in in 1st ET1.

Do I need to submit a reconsideration?
Also their solicitor had mentioned more respondents to be called for witness than the judge has on his judgement.

Another thing, I thought time limits were discussed and so claims that were put forward are they not in time, I know they are but the wording in judgement seems to indicate they are still to be decided at Final hearing.

About disability, respondent only questioned me about medical records and conceded that on my impact statement, judge did not refer to them, yet I was not considered to be under the equality act s6 at the material time. If that's correct then should the judge then not consider at what point then if any am I condisiderd
To be so? As I am still off work and receiving therapy.
So if judge did not consider me to be disabled at material times, he has put a claim through to next hearing which is to be reasonable adjustments denied, I do not understand the why has he put that forward?

Does it mean that if one is not considered to be under equality act s6 then ones schedule of loss cannot be for personal injury?

IN my witness statement can I include all events to represent ongoing detriments even if some were out of time to show the court their behaviour?

Thanks for info.

[ULA]

I am unclear as to why you submitted a 2nd ETI. If you wanted to added a respondent to your original ET, then you should have made an application for this.

Yes the respondent can call more witnesses than originally provided for if they believe they are relevant to their defence.

As I do not have sight of the correspondence from the ET I cannot say, however it may be that the question of limitation of time is held over the the final hearing. Generally, time limits are strictly enforced, and ETs prefer to resolve limitation issues early to avoid unnecessary proceedings. However, if the limitation issue is complex or closely tied to the substantive claims, the ET may decide to address it at the final hearing alongside the main case.

You should prepare your schedule of loss (SoL) for the claim/s that are going forward to be presented at the final hearing. If any claims/ have been struck off then do not include these within your SoL.

Your witness statement needs to be related and relevant for the claims you are making set out in chronological order of event. If you need to bring in out of time actions as evidence of behaviour then you need to do so briefly and succinctly.

[Rks2020]

Hi thanks for reply,

I am about to send my SoL to include only for claims
Put forward.

I have requested for written judgement with reasons as I believe my disability was not accessed properly, there was no reference to impact statement even though respondent rep agreed content. But no conclusion to as to when if at any point to consider.
Also I should have mention in receipt of Pip, which is accessed on how long you have had condition and medical records and if still ongoing which they are.

The bundle I had sent to R and ET1 with emendments is different in that I had clearly entered amendments on my 1st and 2nd Et1 yet R had my 1st Et1 without amendment.

I checked what I sent to ET and R and they confirm what I'm saying.
So in effect judge did not address one of my claims, also judge did not read my skeleton argument which made clear all my claims.

It was apparent the judge did not ready or had time because the R was reminded that they did send the ET the bundle on the afternoon before hearing, yet I had already the bundle to hand a few days earlier, why did they delay and probably they wouldn't have sent it in at all till day of hearing.
I had to wait 30 mins as judge said he was reading bundle, but obviously not all. And def missed my skeleton notes.

I am now awaiting written reasons, and intend to apply for reconsideration due to above facts.

Should I apply to appeal same time or wait, but am concerned I may miss the 42 day limit to appeal?

Also when can I ask for disclosure of R documents as to date they never produced a single document other than their amended response.?

Thanks

[ULA]

I am unclear as to what judgement has been handed down in respect of your claim/s at the PHR for you to lodge either a reconsideration or an appeal?

The Case Management Order (CMO) from the ET will set out the timescales to agreeing an index of the documents to be included in the final hearing bundle, then following on from that the date to exchange the bundle with all the relevant documents provided by both parties and then a date for exchange of witness statements.

[Rks2020]

Hi,

I have had the ET confirm that the there are amendments shown on my et1, but not on the bundle that Respondent produced, one claim was missed as a result, been told to wait for written reasons.
Also judge has removed some repondants that I had named, they are part of the people involve din the detriments, I cannot see how the judge can do that. Other than he has not read the bundle correctly, he was still trying to see what the case was about.
He as also not considered the claims being continuing acts. I will await his reasons and see what's he has addressed.
One thing really bugging me Respondant rep was only questioning on medical notes, he conceded on the impact statement but nothing was decided as to when then if disability was acknowledged.
Is this normally just decided at PH hearing and not at all considered then at final hearing?
Thanks

[ULA]

You attended a PHR the purpose of which is to familiarise the judge with what the case is all about, its value and the complexity of the issues involved and from this agreed a timetable for preparing for the final hearing. The PHR also provides an opportunity for you to ask the judge and the other side about any changes you want to make to the claim which you originally submitted. It is not to decide the case so many things will hold over to the final hearing.

As the ET has guided, it will be better to see what is sent out to you in writing following the PHR. If that raises questions for you then just come back to this thread.

[Rks2020]

OK thanks

[Rks2020]

Hi,

It's been over 4 weeks now since I requested written reasons Prelim2 hearing, I have chased up ET 3 times and each time they tell me they will expedite my request.
How long should one wait please?
I'm concerned due to missed claims not addressed, ET administrative error ie my amended ET1 was not in bundle, but ET confirmed they received it prior to PH.
Crucial respondents who were party to my discrimination claims omitted from final hearing.
I did indicate to repondants solicitors I will be requesting reconsideration once I receive written reasons.
Is there any I should do or just wait for the written reasons?

Thanks