Employment Tribunals: More Barriers to Justice for Racial Discrimination

The Government is currently considering whether to increase the qualifying period for unfair dismissal claims from 1 to 2 years.They could employ you, treat you like dirt, then get rid of you before the two years is up. Added to plans to charge to bring claims & you may as well tell employers to treat black people as badly as they like. Read this short piece on the hidden truth.


HIDDEN TRUTH: DISCRIMINATION & EMPLOYMENT TRIBUNAL CLAIMS by Campaign for Racial Equality at Oxford University on Tuesday, November 9, 2010 at 1:42pm


I have just read with amazement and disgust, a call from leading HR (Human Resources) directors, to charge employees to take a case to an Employment Tribunal.

http://www.telegraph.co.uk/finance/jobs/8117031/Workers-should-pay-up-to-250-to-sue-their-employer-HR-chiefs-say.html

Their reasoning is this: ‘In the three years to 2009-10, some 20,100 claims were struck out by a judge, nearly one in 10 of the 227,00 claims completed, according to official figures. A further 73,000 cases, or 32%, were withdrawn by the individual, usually where both sides had reached an out-of-court settlement, the latest Tribunals Service statistics show.’

What is not taken into consideration is the number of cases that are withdrawn because of the extremely limited access to legal aid or any kind of assistance for workers in these cases. Employees have often been dismissed so are already struggling financially. Employers are the ones with funds at their disposal, to fight their employee’s case. Often they use ‘legal services’ like Peninsula Business Services, who once boasted that they could cut compensation claims from trade unionists and workers "even in situations where the employer has an extremely weak case". http://www.guardian.co.uk/politics/2007/jun/14/labourdeputy.labour

Firms like Peninsula have made a fortune by exploiting loopholes in the law, which often enables them to get Employment Tribunal cases struck out before any evidence has even been heard.

Employers use their solicitors and/or legal services to exhaust the claimant financially and mentally, which is the reason that a lot of cases are withdrawn.

Solicitors are reluctant to take on Employment Tribunal cases, even on a ‘no win no fee’ basis, unless they are certain that they can win.

We hear a lot of employers complaining about discrimination laws-they claim that they can’t do anything without being accused of discrimination. Recently Duncan Bannatyne spoke out against equality law.

http://www.dailymail.co.uk/debate/article-1317288/Equality-Act-2010-Why-Tory-led-Government-enacting-lunatic-Labour-legislation.html

He said that bringing discrimination cases was ‘popular with those playing the system’. To understand Bannatyne’s motives, you should know that he is the poster boy for Peninsula Business Services. http://www.peninsula-partnerships.co.uk/duncan_advert.pdf

The figures on successful claims at Employment Tribunal make depressing reading. ‘The Employment Tribunals Annual Report for 2008/9 showed that of 3970 race discrimination cases submitted to the tribunal only 1074 reach employment tribunal stage, of these 694 were struck out, 236 lost at hearing and only 129 were successful at hearing. This amounts to a 3% success rate for race discrimination claims, which is the success rate for all discrimination claims on an annual basis.’

http://www.tuc.org.uk/equality/tuc-17988-f0.cfm.

Common advice given to claimants is to go to their local Citizens Advice Bureau, Local Racial Equality Council or EHRC office. The truth is that with their limited funds, these bodies can rarely offer much more than initial advice or a list of local employment law solicitors that offer legal aid. Legal Aid is not even available for representation at Employment Tribunals; the only help you can get is advice on whether your case may be eligible and an opinion on whether or not you are likely to be successful.


The TUC put it succinctly: ‘There is a need to rediscover the ambition that led black workers to organise in trade unions and that was to stop race discrimination happening in the first place and to redress the historic imbalance and disadvantage that black workers suffer in the labour market’.

If you are not in a union, now is a good time to join one. With all the government cuts being implemented, particularly in the public sector, redundancies are going to be high, and some employers are likely to find creative ways to cut down their workforce. As a union member you will not find yourself totally alone in taking on your employer if it becomes necessary. If you feel you are being discriminated against at work, these are some basic steps you can take:

• Contact your union rep & discuss your concerns

• Keep a diary: take notes of anything said, who said it and when

• Keep hard copies of any emails or documents you receive from your employer

• Be wary of who you discuss the issues with-colleagues that you considered friends can quickly become strangers if you become a target of discrimination

• Use the Freedom of Information Act to find out if your employer is adhering to equality law-I suggest using www.whatdotheyknow.com –very simple format. Here is an example: http://www.whatdotheyknow.com/user/gregory_lewis

• If you are going to file a claim at Employment Tribunal make sure it is in time-there are very strict time limits on discrimination cases http://www.employmenttribunals.gov.uk/FormsGuidance/beforeMakingRespondingClaim.htm

CAMPAIGN FOR RACIAL EQUALITY AT OXFORD UNIVERSITY

http://www.facebook.com/pages/Campaign-for-Racial-Equality-at-Oxford-University/150781014962869


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