unfair dismissal and race/religious discrimination

[Hellothanks]

Hello, I have a 'preliminary hearing, CASE MANAGEMENT' next week. I don't have a rep so will have to represent myself. I am not sure if I should take this as a 'pre-hearing review' or 'case management discussion'. I am confused because both terms have been used in my notice letter. Can anyone please help with this?

Also, I really need help with one agenda item given: Issues: What are the issues or questions for the Tribunal to decide? It is usually sensible to set this out under the title of the complaint/s.

CASE SUMMARY: apologies for the details, thought a summary will help any knowledgeable person out there to help me with my queries:

I was working for my former employer for 5 years and 11 months, on a permanent contract, 3 days week.

In march, interim CEO attended my line management and informed me that my role will be redundant as the ‘department is closing’ because ‘the Heritage Lottery Fund (HLF) has come to an end’ (department had 3 people, one person was linked with the HLF but she was excused from 'redundancy consultation' and given a new role without going through a fair process). Interim CEO then presented me with two options from mid-June:-a) Redundancy payment; or b) converting to a non-departmental zero hours contract i.e. a Casual Worker.

CEO held me to a tight timeline compared to second person undergoing consultation who happen to be on maternity leave (i.e. I get a week’s time between each consultation meetings and CEO decides the next meeting date there and then and she send me follow-up letters next day; whereas she takes months to convene next consultation with the person on maternity, by her own decision and not because the person had requested the delays).

During my ‘individual consultation’ meetings there was a 3^rd person present but in the case of my colleague, only CEO and colleague – no 3^rd person present.

The CEO put on hold alternative roles at the time of my consultation, however, repeatedly denied them.

During the 2^nd consultation meeting, I raised questions and complaints. Prior to this consultation, I made a complaint about intimidation following my disclosing that I was seeking professional advice, which the CEO declined to investigate. During the consultation meeting, I raised complaints about CEO’s conduct during the meeting i.e. starting talking about another member’s resignation, how much workload she had etc whilst I waited for her to start the meeting. I also raised complaint about breach of my confidentiality i.e. other members knew of my impending redundancy even before I knew, which she later omitted from her follow up letter. I also complained of breach of independent redundancy consultation procedures as a 3^rd person was present during my consultations. I told her I was not linked with the HLF so the reason does not apply to me. I asked her why she gave person linked to the HLF a new role without going through a fair process. And I requested her to consider alternative roles for me (without telling her I knew of alternative roles on hold by her)

2^nd day following my 2^nd consultation, CEO send me an amended follow-up letter with the addition that my 3^rd consultation could result in the termination of my employment.

During 3^rd consultation meeting (May, this week I worked Mon-Wed and an extra day on Sunday), CEO tells me her two proposals still stands, that there’s no alternative roles, and asked me to make a choice between her two proposals. I told her she didn't give me a choice and it was difficult for me to decide between her proposals and requested more time. Next day i.e. on Thurs, I get a letter from the CEO letting me know my last day physically at work is Sunday and thereby making me redundant on a new term i.e. payment in lieu of notice.

My complaints and questions remained unaddressed by CEO and she deprived me of completing my project I as working on (due to finish in June). She said she decided to terminate my employment on a new term to assist me to look for jobs on full pay and because i declined to make a choice between her two proposals.

My appeal was declined.

Acas EC failed, leading me to apply to Employment Tribunal for unfair dismissal and race/religious discrimination against the CEO and the organisation (as I was the only person of my race and religion and no one else had experienced what i had experienced and because it was clear CEO had decided to make me redundant intentionally).

However, Respondent's solicitor is asking Tribunal for CEO to be withdrawn as a respondent on ground that I failed to add CEO’s name on the online Acas EC form (the form only asked for ‘name of organisation’ so I only named the organisation).

Based on my case, please could anyone please help me to complete the above agenda item in preparation for the pre-hearing?? I know my claim is unfair dismissal and discrimination but I don't know what questions i should be putting down for each.

Also, is there anyway I can counter argue solicitor's request to have CEO withdrawn? I want CEO to be accepted as one of the respondents, if not the only one.

Thank you for time and help and sorry for details.

[stevemLS]

Re: unfair dismissal and race/religious discrimination

It is formally called a Case Management Discussion but is in effect a pre-hearing review. The purpose is to establish whether the case is ready to proceed and to try to narrow the issues between the parties.

It is in your interests to have the organisation as a respondent as, if you are successful, it is likely to be better able to pay any award.

I have limited experience but it seems to me that it is a bit of a lottery as to whether individuals remain as respondents.

You will have to prove to the civil standard (i.e. more likely than not) that firstly you were subjected to less favourable treatment, and to be frank, that isn't evident from what you have said above and secondly that this less favourable treatment was as a result of your race/religion - the mere fact that you are the only person of that race/religion is not enough.

[Hellothanks]

Re: unfair dismissal and race/religious discrimination

Hello Steve, i am new to this site so still finding my way around it. I had sent you a thank you reply but not sure if you received it as i think i pressed wrong button, so trying again, this time a quick message to say thank you for taking the time to read and share your thoughts an my case- always helpful and appreciated.

Best wishes,

[stevemLS]

Re: unfair dismissal and race/religious discrimination

You're very welcome, welcome to the site.

I'm sure others with more experience of ETs will share their thoughts.

Good luck.

[Hellothanks]

Re: unfair dismissal and race/religious discrimination

Hello Steve, thinking about your point in your first reply i.e. less favourable treatment, what are your thoughts if I am to site these as example of less favourable treatments:

• I was subjected to strict time frame compared to my colleagues
• Expenses due to me were repeatedly declined - employer only agreed to pay me during the Acas stage
• my procedural questions and complaints were declined
• roles were on hold but CEO denied them

If the above could amount to less favourable treatments then I will feel a little happy that i was able to point a few out, obviously I may never be able to prove that they were done because of my race/religion which is a separate argument.

Thank you

[stevemLS]

Re: unfair dismissal and race/religious discrimination

I am not sure

I don't think the first point about timing has any merit, your colleague was on maternity leave.

I don't think the expenses point will have any validity, you need to show that your selection for redundancy was based on your race or religion and I don't think expenses have anything to do with that.

The procedural matters are something you could use, but again, you need to show that they were not dealt with on the basis of your race and I think you will struggle.

I don't understand the last point.

[Hellothanks]

Re: unfair dismissal and race/religious discrimination

Thank you for sharing your thoughts again.

Last point was about the fact that alternative roles were on hold during my consultation but CEO denied them. So, in my opinion CEO did not mitigate the need for redundancy intentionally.

Thank you.

[stevemLS]

Re: unfair dismissal and race/religious discrimination

OK bud thanks - good luck.