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Case Study

Employment - Discrimination & Unfair Dismissal

Employment - Discrimination & Unfair Dismissal

Mr A was referred to the North East Law Centre by the Citizens Advice Bureau...

Mr A was referred to the North East Law Centre by the Citizens Advice Bureau with complex issues relating to Discrimination at work, contrary to the Equality Act 2010. In particular, there were concerns over Discrimination (Race and Religion), Harassment, and Unfair Dismissal related to Whistleblowing. 

Mr A was of Syrian background with a good grasp of English. However, due to the technical nature of the proceedings and the heavy legal jargon used, he required a great dal of guidance and explanation. 

Our Employment Law Advisor advised Mr A on the legal aspects of discrimination and automatic unfair dismissal as well as reviewing the merits of his case. After review, Mr A was given help related to his understanding of and the action that needed to be taken for Preliminary Hearing Case Management Orders, the drafting of a Schedule of Loss, and other pleadings. Further into the process, Mr A was offered Judicial Mediation and NELC both advised and started to act on his behalf. Our advisor helped him to prepare documents and a negotiation strategy, as well as helping him to establish his 'wants and needs'. There was also a threat of costs made by the Respondent. Our advisor helped to reassure Mr A that this was unlikely to succeed, putting his mind at ease. 

Beginning initially as a Litigant in Person, Mr A was extremely confused by the use of legal jargon, technical arguments and pleadings put forward by the Respondent. Our advisor was able to provide easy to understand guidance and direction so Mr A was able to better understand the process. We also assisted him with drafting, providing him with properly prepared proceedings to give him the highest chance of success. After agreeing to represent him, the support we provided altered to ensure Mr A was well informed and supported both emotionally and technically. This meant that he was aware of his options at all stages, enabling him to make informed decisions. 

Initially, with guidance and support, Mr A was able to navigate ACAS Early Conciliation (which failed) as well as the submission of the actual claim for Discrimination and Automatic Unfair Dismissal alone. With prior advice he had also been able to support himself at the initial Preliminary Hearing. Thereafter, NELC was able to provide increased support with drafting, advice and explanation as well as ultimately fully representing Mr A.

Immediately prior to Judicial Mediation, the Respondent offered to negotiate a settlement. This was explained to Mr A and all options were reviewed. NELC then acted on his behalf by negotiating a settlement, reviewing and changing a draft settlement agreement, ensuring the agreement was legally sound and making sure Mr A understood the obligations and commitments he was agreeing to by accepting. Our advisor also provided Mr A with all options open to him should he choose not to settle.

Mr A chose to settle and as a result received £15,100 from the Respondent. Due to both this and his new job, Mr A was able to move on with his life, finally getting married and losing the rising stress and anxiety that had been caused by the undertaking of complex litigation. 

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