Immigrant taking me to a tribunal

I would be careful, any immigrant of foreign worker would now have a case against your company for racial discrimination, if they applied for a job and they didnt get it.

You have just posted that you would racially discriminate against them, so they would have a pretty solid case.

What yo say is very true, I was castigated against last week for posting a somewhat Ironic Humorous monolgue by a comedian about certain political attitudes and how they should be addressed. Now whilst it was satire and delivered in that way by the orator I was accused of underlying rascism. Now unlike USA wwe cant plead the 5th amendment, we are a democracy and are allowed the freedom of speech but it looks like only when we're told we can and as long as its acceptable. I do agree I would have worded the above posters comment a little differently so as not to offend the faint hearts, ironically I'm working with some hairy ar*ed contractors who read the red tops and have highly charged and emotive opinions which being the race I am have to take on the chin and reserve my opinion as they do not respond to intellectual argument lightly, what I am highlighting is no matter how its said it is a feeling that is held by a large majority of the population and will as we get deeper into this recession be voiced a lot more when they cant get any income to support their families because they dont meet the criteria neede by our so called social system. Long Live Golden Brown, All hail Golden Brown. remember this 'History teaches us Nothing'.

There fel better now, thats my rant over for the day too;);):D
 
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nice rant!

agree that there will be a lot of anger and resentment when people realise that 'support' from our beloved govt is only proffered to those who fit inside their criteria...unfortunately if you have worked hard all your life and paid into the system then you haven't got a chance
 
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Good luck with it and hope you get the result you want.
Am sure you already have an equal opportunities policy in place and record this on all employees, this will show you are not discriminating (which you aren't) against anyone. (one of the previous posters mentioned this for the future)
 
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Who would have thought it. Justice triumphs in the UK after some sense displayed by a UK tribunal. Must be a first...

Well done.
 
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I think a bottle of wine :)

Congratualtions, and thank you for being a braver person than me and having faith in the tribunal system and making sure that the sneeky bugger doesn't get away with such bad behaviour.
 
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Thanks folks.

The coffee was lovely and I even had a sarnie with it, such is the sense of relief! I was hopeful we'd win it but having done a few Tribunals over the past 11 yrs and losing one that I couldn't believe, I was a little worried with this one.

Still, justice has been done and thank you to the Tribunal at Newcastle for seeing through the liar that this guy is. The mountains of paperwork and days of time taken to defend this will have cost us a small fortune but there was no way I was going to allow this chap to win this case. If he had of done, or if I'd have settled 'out of court' this would have perhaps led to many more claims from staff working for me for whom English isn't their first language and want an easy pay day. Luckily the Tribunal saw through this (with the help of my witnesses, who were great) and the right decision has been made. Hopefully this may help prevent other similar claims in future too.
 
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Well done. Sometimes it pays to make a stand when the easy option is to just roll over. That should send a very clear message to your staff. Make sure you let them know what a wonderful result it is :)
 
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Congrats Happyeater, the system fails all too often in this country, but in my estimation and I'm sure along with other members, the right side one this time.
 
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There is one thing.....who will this guy end up working for next and doing over?? Maybe a not-so-brave employer that pays him off.
 
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Congratulations.

I've just read this thread and was very impressed with all your posts, which I found very calm when it must have been frustrating, so I am delighted that justice was done for you.
 
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Well done, a great weight off of your mind i am sure.

Do you think he will be asking for a reference:D
 
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Congratulations.

I've just read this thread and was very impressed with all your posts, which I found very calm when it must have been frustrating, so I am delighted that justice was done for you.


The whole thing was stressful and full of doubt all the way through. Sometimes I felt annoyed with myself for not doing 'the simple thing' and giving him a few hundred pounds to (as ACAS said) "To go away". But in the back of my mind was that if he got a few hundred for nothing and I employ 60+ who don't have English as a first language who could pull the same trick, then all I would have been doing was storing trouble for the future.

It was strange to see the effect this had even on my witnesses. The lady that had worked with him only for a few weeks before he was dismissed had told me that she was a very "Calm" type and nothing ever upset her. After the first session when this claimant had called her a liar and someone not to be trusted she said she could have easlily, "Put my hands around his throat"...haha.

The temptation even now is to call him and just laugh down the phone, but I'm bigger than that ;)
 
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Is his status not the whole point as that he is now claiming to not understand the english (united kingdom) language

Would the words "Ex Pat" also be derogatory?
 
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This still sticks in my throat...not the fact that you won, which , as I said before was a victory for common sense, but the fact that so much time has been wasted by somebody looking to play the system. You can bet your bottom dollar that the guy who brought the case won't be paying his costs, maybe if he was, he might have thought twice about launching the action.

Mister B
 
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Appeal with the employee within the company or an appeal against the Tribunal decision?

That the employee in question appeals the tribunal decision?

Someone said it is unlikely that he is paying for any of this so he might well chance his arm on the off chance.
 
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This still sticks in my throat...not the fact that you won, which , as I said before was a victory for common sense, but the fact that so much time has been wasted by somebody looking to play the system. You can bet your bottom dollar that the guy who brought the case won't be paying his costs, maybe if he was, he might have thought twice about launching the action.

Mister B

The way I see it is two things should happen in cases like this, either/or; the claimant pays a non-refundable deposit (say £500) which is added to winnings if he/she's successful, this would stop a lot of time wasters who are playing the system.
Or, an independent body (ie ACAS) should have the authority to kick out a 'time wasting' claim, perhaps following a Management meeting between the parties. Again, if a deposit system was in place a claim like this may not even get this far.
 
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That the employee in question appeals the tribunal decision?

Someone said it is unlikely that he is paying for any of this so he might well chance his arm on the off chance.


He was made to look a lying fool at the Tribunal so I'd doubt he'd want to do that again. Just looking at the decision paperwork, there seems no right of appeal on there either.
 
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He was made to look a lying fool at the Tribunal so I'd doubt he'd want to do that again. Just looking at the decision paperwork, there seems no right of appeal on there either.

Alls well that ends well then.

Maybe frame the notice for your office? Cheer you up on bad days and make any of the others think twice before trying it on.
 
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I hope he does :p

If you get a reference call or letter - don't do anything that might get you in hot water. Remember that some people may call you asking for an off the record chat - they may well be people working for him (I have heard of solicitors doing this).

He has 42 days to appeal to the Employment Appeals Tribunal - http://www.employmentappeals.gov.uk/

Congratulations again - I'm genuinely surprised to be honest.
 
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