Claim
What was the Claim?
The employee claimed that the Chair of a Hearing Panel and the School Head had discriminated against her and victimised her because they had not made sure that a co worker who she had complained about had issued a timely apology that had been promised to her during the hearing.
What was the employer's position ?
In essence, that the employee had not demonstrated that she had been treated "less favourably" (a requirement of the law) and had not demonstrated that any victimisation (as defined in the law) had occurred.
What does the law say ?
The law requires the employee to provide evidence that she has (A) been treated "less favourably" (than another) AND that the reason for the treatment was one specifically and explicitly listed in the law (Article 27(2) for those interested). These reasons are very narrow and rather legalistic,
What did the judge say?
That the employee had provided no evidence as to how the Chair of the Panel or the School Head had treated her less favourably (than others) and had failed to identify how any of the reasons in Article 27(2) of the law applied to the facts.
What was the decision ?
In a remarkably and refreshingly blunt assessment, the Judge described the claim as "hopeless" and recorded that had it had no reasonable prospect of success and his decision was to strike the claim out.
What are the key take aways and learnings ?
Employees can often draw the mistaken inference that if they personally feel that in some way, they have been treated unfairly then they have been "discriminated against and victimised". They will often be able to find a representative or adviser who will agree with them and encourage the claim. Employers can be confident that the reality is that the law is extremely specific in how it defines discrimination and victimisation and there can often be a legitimate and proper defence against such claims - as there was in this case. Employers would be well advised to seek expert assistance in entering Responses to and proceeding to defend such claims.
How can HR Now help ?
The HR Now team regularly advise and support business and clients of all sizes from all sectors on managing complex casework. When it comes to Tribunal claims we offer a bespoke, tailored project approach to managing every stage of the Tribunal process from response to the claim form to representing at the final hearing. Our approach is (1) expert and professional, (2) offers value for money and (3) is underpinned by a successful track record of delivering results.