Equal opportunity and discrimination..

[backbencher]

I worked for a company for less than a year and recently they made me redundant because of economic reasons. However they also did not paid me notice and my salary dues. They say "we only pay as per signed and countersigned contract".

Unfortunately at time of employment they gave me contract but did not signed it. When I asked for signed contract at time of joining they said "we do not provide signed contract", now they say other things.

I also know that they have given signed contract to other employees.. but denied the same to me.. Can I put my claim under equal opportunity or discrimination? As clearly employer is not following the basic rules for some reason.

Also is there any law which makes it mandatory for employer to provide signed contract at time of employment? or they can do what they want?

Thanks

 

[Newchodge]

You have a contract, the terms of which will be the contract they gave you. It does not matter if either you or they did not sign it. You can therefore take a claim against them for salary and notice money that is due.

Whether you can claim discrimination will depend on the evidence that you can produce that you have been treated differently and suffered a detriment because of a protected characteristic. It is not enough to just say, for example, I am a man, I did not get notice money; she is a woman, she did get notice money; this is discrimination. You have to show evidence that the reason for the detrimental treatment was that characteristic.

I suggest that you seek advice from an employment lawyer. Most will offer a free hour's consultation and may take your case on a no win no fee basis.

 

[backbencher]

Hi Thank you for your reply.. Ok, so contract is valid whether they sign it or not.

I know that have provided signed contract to other employees but denied to me for some reason.. is this not a discrimination? Is it not my right to get signed contract if other are given so?

Are there any laws regarding signed contracts.. whether company SHOULD give it or they can (depending on person to person)?

 

[backbencher]

Do you know is there any maximum amount or percentage a solicitor can charge for representing in employment tribunal on no-win-no-fee basis?

 

[Newchodge]

Hi Thank you for your reply.. Ok, so contract is valid whether they sign it or not.

I know that have provided signed contract to other employees but denied to me for some reason.. is this not a discrimination? Is it not my right to get signed contract if other are given so?

Are there any laws regarding signed contracts.. whether company SHOULD give it or they can (depending on person to person)?

Treating 2 people differently is discrimination in the true meaning of the word. Whether it is unlawful discrimination will depend on the reason for the different treatment.

There is no law about signed contracts. The law only requires that an employee is given a written statement of their main terms and conditions of contract within 2 months of commencing employment.

I don't know what the rules are on fees for no win no fee lawyers, except that they must tell you exactly what the basis of the fee is.