Discrimination at Work: Choosing Between a Tribunal Claim and an Exit Package

Workplace discrimination can be a difficult and frustrating experience. If you're considering making a discrimination claim, you may be looking for a way to put the issue behind you and move on with your life. Employment tribunal claims can be difficult to win and the process can be stressful. Negotiating a settlement or exit package with your employer may be a less stressful and quicker solution that still provides financial compensation.
There are many types of discrimination covered under the Equality Act 2010, including age, disability, gender, nationality, race, religion, pregnancy, and others. Discrimination can take different forms, including direct discrimination (where someone is treated unfairly because of a protected characteristic), indirect discrimination (where a rule disproportionately affects people with a protected characteristic), and failure to make reasonable adjustments for disability.
If you're considering bringing a claim for discrimination, it's important to seek legal advice as soon as possible. Claims must be brought within three months of the discriminatory act, and you may need to go through an internal grievance process with your employer before you can bring a claim to an employment tribunal. Follow the correct procedures and get expert guidance to increase your chances of success.
As an additional tip, it's a good idea to review the evidence section on our website www.monacosolicitors.co.uk/ev... to learn how to use and collect evidence for your negotiation. This can help strengthen your case and increase the chances of a successful outcome. Don't let discrimination hold you back. Take action to protect your rights and seek the justice you deserve.
Table of contents
1:23 Types of discrimination
3:18 Employment tribunal (ET1)
3:52 Negotiating an exit package
4:30 Questions procedure
4:52 Without prejudice
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[@roseault6335]

You talk so well, very intelligent. Thanks so much for this!!!! I've followed your advice here in NZ and waiting to hear back from the employer xx

[@MonacoSolicitors]

Thanks Rose! Best of luck with it!

[@moniquepayneeandy8568]

This is invaluable advice, I have not submitted a formal grievance yet. I would have not even considered getting a settlement until now after being bullied for so long !

[@AJLORACLE]

This is the MD, One of your solicitors tried to get settlement for me. What started as me just wanting flexible documented working hours has snowballed into victimisation, harassment, accused of lying. I’ve nearly had a nervous breakdown as I’m also a single mother, I’m due to have major spinal fusion surgery and will. not be able to work until the new year, whereas I could have carried on doing a split week. They Moorepay who have unethically handled all procedures and not followed acas code of practice. Now they know I have free legal assistance they offered £5k, which is an insult! Do they normally start as low as possible. I kind of want my day in court and make sure he stops treating human beings (professional) manager so unethically. Will I have to pay court costs?

[@sal13luckyforme]

Thank you for the great advice, your videos are brilliant and easy to understand. please explain how your free advice works, most solicitors say this , when you ring up its a different system .

[@AlissaSss23]

They don't have a free advice 😮 NO win no fee, they take 33% of your money

[@jakesteele7754]

The section in the ET1 form for the describing background and details of the claim is less than a page, and the document doesnt allow me to continue typing on the next page. Is there a resriction or can I attach additional documents to continue this section? (I have a chronological series of events typed out for a discrimination case of failure to provide reasonable adjustments that is 15 pages long...)

[@BM-lw6gn]

I would not want to leave! I am going through grievance the now due to homophobic comment . Seems to me why would an employer during the grievance process rule yes on balance this probably did happen? So I fear to go through this until I get to the top I will be asked off record. Less than two years of service-love job. No longer see this person-changed hours. I refuse to destabilize my life over the actions of another!

[@lsh292]

I spoke with your company. Unfortunately you take 25% of the compensation

[@jonsnow6741]

wonders what happens when a manager over rides hr stated hours then makes a false allegation when you refuse the shift ?

[@johndugan6896]

Thanks for your videos and website, they are appreciated I have a Preliminary Hearing later this month for disability and sex discrimination I will be representing myself. The respondents have three solicitors involved with this case. To be honest, I am feeling quite overwhelmed by it all.

[@fatemah2901]

How did you do? I would love to hear your experience

[@AlissaSss23]

​@@fatemah2901same

[@AlissaSss23]

How did it go?

[@elmasodioda2261]

Dude. From Ontario to now. I have been Thru hell. Just know that

[@MonacoSolicitors]

El Mas odioda noted. Hope it gets better for you

[@jimcampbell5112]

I have not yet found a section on constructive dismissal of a whistle-blower, have you covered this section?

[@Zak09876]

I submitted my case after almost one year after the incident but the employment tribunal judge has accepted my claim. My opponent lawyer has mentioned this point in agenda form that is it allows to proceed a case which was submitted out of timeline. What may happen? My dismissal was a discrimination due to medical problems OCD and ADHD. My case hearing will be soon. Please guide me.

[@MonacoSolicitors]

Hi Zakir, thanks for your question. Well done for getting your claim accepted out of time. However one of the issues which the tribunal will have to decide was whether you brought the claim within 3 months or as soon as possible thereafter. In discrimination cases the 3 months can be extended where 'just and equitable to do so.' I haven't seen your case but in my honest opinion it is normally extremely difficult to pass this test if it is almost a year after the incident. For example, 4 months would be easier, but 11/12 months - extremely difficult. Unless you had a doctor's report saying that you were so stressed by the discrimination, for example, that you were mentally unable to bring the claim previously. Hope this helps.

[@AlissaSss23]

I hope it went well ❤ I have ADHD and APD myself

[@lordnutjob9565]

Do you take on discrimination and harrasment cases

[@MonacoSolicitors]

lord nutjob yes we do

[@lordnutjob9565]

@@MonacoSolicitors I have a case of grievance against my work and they have handled this extremely poorly to an aquduate standard I believe they have damagedy mental health

[@BM-lw6gn]

@@lordnutjob9565 Going through this myself. The impression I get grievance process is just paper sifting- why would an employer admit this until they were aware the employee was pushing into a public hearing.