sacked... how to win at tribunal?

[Blown2CV]

i was sacked under the "you've not been here 2 years" clause earlier this year. They didn't give me a reason as they didn't have to. I can't say too much as otherwise this might be identifiable, but essentially suggestions point to cost cutting due to financial troubles on their side. I have been advised by a solicitor that the only recourse i have is through a case based upon discrimination. I do feel that I was treated very poorly by the company during the time I was there, and experienced what you might refer to as nationality-based discrimination... it was a european firm and they really have a cultural clash with the way that british people communicate and act etc. This reared its head in lots of ways and I feel it severely impacted my ability to do my job, just because of the way I am, and the way I talk (which by the way is not something I've ever been told I have a problem with before, although I am sure someone will draw reference to the length of the post or something). However not only is nationality not a protected attribute as far as discrimination law goes, but I have gathered only limited evidence and didn't have time to make copies of emails, and didn't note down relevant conversations at the time. It dismays me that I may not really have a decent case, but I wonder whether it is even worth progressing. My main hope really is that they seek to settle out of court. Just interested to know thoughts on what people might do in my situation...?

[Jordie Barretts sock]

You haven't a snowball in Hell's chance of winning.

[2 sMoKiN bArReLs]

In my experience...


...it's over. Don't spend too much time & energy (and money!) trying to right a wrong.

Your energy is better expended looking forward & finding a better alternative.

It's move on time.

(as I said, purely based on my personal experience)

Good luck

[lepill]

i'm afraid i agree with the comments above.
unless you believe you have been discriminated against due to

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

otherwise i don't think you stand a chance due to having less than 2 years service.
not quite sure what discrimination your solicitor thinks you have been victim of.....

[Blown2CV]

yea this is broadly where my head is at. The solicitor took quite a bit of money off of me to advise at various points however I made it clear to her early on that I had only really been discriminated against due to some idea of nationality/culture, and she seemed happy to continue to take money off of me. I did wonder through this whether she was reading the exchanges and thinking to herself, this prick hasn't got a chance, but I will bill him regardless.

[Blown2CV]

is there any merit in letting the tribunal timeline play out in the hope they might crack and offer me something? Apparently they asked for a delay in order to give them extra time to prepare their side, but it was denied as they didn't copy me on the request

[purplepolarbear]

Would they be willing to give you a favourable (or at least neutral) reference that says the reason for your leaving was your position was made redundant?

If so, then move on.

If not, then I'd push it a little so they think it will be easier for them to offer you a reference on your terms than spend a lot of management time on you. Maybe a GDPR request for notes regarding any decision made on the basis you are considering taking advice about a possible action as the lack of a reference would harm your ability to find alternative employment.

[Shrugging for victory]

If you really want to annoy them, ask for a subject access request https://ico.org.uk/for-organisations/guide-to-data...

[Blown2CV]

SAR would seem like a useful option. I already have another job, and they previously said they would give me a good reference anyway (although they didn't actually provide a reference at all when I was in the recruitment process for my current job).

[rallye101]

.....unless he's a disabled lesbian dwarf of colour?

[NordicCrankShaft]

I was in the same situation as you, after doing my own research I accepted through very gritted teeth there was simply nothing I could do and they were also a bunch of s. Move on, it'll be easier.

[dundarach]

Just move on.

[Blown2CV]

NordicCrankShaft said:

I was in the same situation as you, after doing my own research I accepted through very gritted teeth there was simply nothing I could do and they were also a bunch of s. Move on, it'll be easier.

well to be honest the SAR has peaked my curiosity because they are a pretty disorganised company, so it could be a good way to turn the tables a bit and make them crap themselves. They made a mess of the dismissal process on a few points of admin, and they've made a mess of a few things since then too. I think the HR person is a bit green. So if I were to slap them with a SAR then this could panic them into settling, or at least distract them from forming the case. There aren't a ton of people working on this and I know the HR person is very overstretched...

[Terminator X]

Lol move on, get a better job and forget it.

TX.

[Jasandjules]

You have either discrimination or whistleblowing as aspects that enable a claim to be brought with less that the two year employment period (there are a couple of other matters under automatic such as union rep)

You also say they asked for more time but this was denied, have you already lodged a claim?

I note that whistleblowing is a difficult claim to win in any event although if you say they don't have a very organised HR they may not have the evidence needed to show their actions.

[StevieBee]

Blown2CV said:

well to be honest the SAR has peaked my curiosity because they are a pretty disorganised company, so it could be a good way to turn the tables a bit and make them crap themselves.

Other than the satisfaction of causing them grief, there's hardly any chance of this leading to something any beneficial to you.

The HR person you ps off may end up at another company in the future that you apply to work at. What do you think they would think when they see your name on the list of applicants.

Suck it up. Move on. That's it!

[dudleybloke]

As others have said, move on.

[SpeckledJim]

When you were being discriminated-against, but before being let go, were you looking for another job?

[xx99xx]

Were any other employees also let go at the same time or just you?

[Jordie Barretts sock]

So you have engaged a solicitor, who has unsurprisingly charged you plenty for the privilege, and have started a process to an industrial tribunal?

On grounds of discrimination?

Is that right? If so, I hope you can look on the loss of money philosophically. I was a bit curt in my first reply, but you really don't have a chance. Zero.