0.6 ET1 - Grounds of claim

You might find it helpful to look at general information on drafting the ET1 , the form for making a claim to the employment tribunal.

The following is an example of a completed Grounds of Claim box on an ET1, it is based on the case described in Precedent 1. 

Box 5.2 of ET1

1.      I started work for the respondent in March 2002 and I was promoted to hotel manager in August 2010. I never had any disciplinary warnings, verbal or written, throughout my employment.

2.      On 1st October 2010, I told the hotel director, Keith Venables, that I was pregnant. Mr Venables congratulated me and said, “You make me think about things”. I did not know what he meant.

3.      On 4th October 2010, Mr Venables telephoned me and said that business was down and my performance was unsatisfactory. He said he had warned me about this before, which is not true. Then he said, “You don’t know how your pregnancy will go and how you will cope with the workload. You won’t be able to get up early and after eight months, you’ll sleep more”. I was so shocked that I burst into tears.

4.      As hotel manager, I was invited to attend the Group management meetings every month. However, I was not invited to attend the meetings on 6th October 2010 and 13th October 2010.

5.      On 14th October 2010, Mr Venables sent me an e-mail telling me to attend a disciplinary hearing on 18th October 2010 in respect of my poor performance. I was not informed prior to the hearing of any details as to what was wrong with my performance. I was not told that I could bring a work colleague with me, contrary to the ACAS Code on Disciplinary and Grievance Procedures. When I asked if I could bring someone with me, I was told that was not necessary.

6.      When I attended the hearing, Mr Venables produced statistics showing that hotel occupancy had gone down dramatically in the previous 18 months. I said this was not my fault. It was a result of the global recession. Mr Venables would not listen to me. He said that he could not afford to carry the business and unfortunately he had to replace me. He told me I was dismissed with immediate effect and that a manager from another hotel was coming over to cover. This was not confirmed in writing. My appeal to the Group hotel director on 20th October 2010 was rejected on 22nd October 2010.

7.      I believe I was discriminated against on grounds of my pregnancy contrary to the Equality Act 2010:
(i)   in the remarks made by Mr Venables to me on 4th October 2010 as set out at paragraph 3 above;
(ii)   by excluding me from the Group management meetings as set out at paragraph 4 above;
(iii)  in my dismissal.

8.      Further or alternatively, Mr Venables’ remarks to me on 4th October were unlawful harassment contrary to the Equality Act 2010.

9.      I believe my dismissal was automatically unfair because I was dismissed for a reason related to my pregnancy contrary to the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999.

10. I was also subjected to detriments short of dismissal for reasons related to my pregnancy contrary to the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999:
(i)  in the remarks made by Mr Venables to me on 4th October 2010 as set out at paragraph 3 above;
(ii)   by excluding me from the Group management meetings as set out in paragraph 4 above;

11. Further or alternatively, my dismissal was unfair on ordinary principles under s98(4) of the Employment Rights Act 1996 because
(i)   I had received no prior warnings that Mr Venables had concerns about my performance, which is a breach of the ACAS Code on Disciplinary and Grievances Procedures;
(ii)  Hotel occupancy had declined through no fault of my own; it was not due to my performance;
(iii) It was not reasonable to dismiss me for that reason.

12. As I had worked 8 full years for the respondent, I was entitled to the statutory minimum of 8 weeks notice under s86 of the Employment Rights Act 1996. I was only paid 4 weeks in lieu of notice and I claim the balance of 4 weeks.

13. I was not given any letter setting out the reasons why I was dismissed. This is contrary to s92(4) of the Employment Rights Act 1996 and I claim a declaration and compensation under s93 of the Employment Rights Act 1996.

14. Contrary to the ACAS Code on Disciplinary and Grievance Procedures, I was not informed of my right to be accompanied to my disciplinary hearing. When I asked myself, my employer refused. This refusal was contrary to the Employment Relations Act 1999 and I am entitled to two weeks’ pay.