Tribunal Process

We are pleased to announce that we have now secured representation for a Tribunal.  For this reason, we are suspending all posts on this blog whilst the Tribunal process is ongoing.

We will shortly publish an email address for all persons interested in supporting the tribunal as additional claimants / witnesses and also for any person wishing to share evidence with ourselves.

All communications received on this email address will be held in strictest confidence.

Richard Lochhead to be named in Tribunal Action

A reliable source has informed us that a number of workers who believe they were discriminated against by Scottish Government and their agents in favour of cheaper Tier 2 workers on the Scottish SAF project plan to name Richard Lochhead, the then Agricultural Minister, in a planned tribunal action.

We are not privy to all the details of the planned Employment Tribunal but believe that this will be a far reaching tribunal and the workers hope that it will be attract sufficient funding to take the matter all the way to an EAT and the House of Lords and Europe if necessary,

More information to follow…

Unions Threaten HP with Tribunal over ICT workers replacing redundant staff

The computer giant announced on Monday that it would cut a further 1,300 staff in Britain, as part of sweeping redundancies taking place worldwide. However, Unite the union has alleged HP could be abusing migrant worker law by using the intra-company transfer (ICT) system to transfer cheaper, foreign staff to Britain to replace those workers who are losing their jobs.

Any such move would be illegal and could leave the company open to costly tribunal claims from redundant workers for unfair dismissal if it was true.

Peter Skyte, national officer at Unite said: “Some of our members believe the company is playing fast and loose with the ICT system.” He added: “ICTs are not supposed to lead to the displacement or replacement of UK workers, but some members allege that HP is using workers from outside the UK to do the work [of redundant workers] here. They see HP transferring workers from outside the UK to do the job.”

http://www.telegraph.co.uk/finance/jobs/8059709/Hewlett-Packard-denies-hiring-overseas-staff-in-Britain.html

Miriam O’Reilly Case confirms Freelancers can claim Discrimination

O`Reilly took the BBC to an employment tribunal claiming discrimination on the grounds of age, and won.

In actual fact the Miriam O’Reilly judgement should not come as a surprise to the freelance community as anti-discrimination guidance in the UK is often very broadly drafted.

This means that although freelancers do not have employment rights (such as entitlement to sick pay and holidays), they are within scope of many anti-discriminatory measures. Discrimination legislation and regulations relating to health and safety apply to all “workers,” regardless of their employment status, even applying to those trading under a limited company.  

In the case of Miriam O`Reilly, the tribunal found that she had indeed been discriminated against on grounds of age. The tribunal noted that

The Employment Equality (Age) Regulations 2006 (“the Age Regulations”) render unlawful certain forms of age discrimination. They apply in the context of applicants and employees pursuant to Regulation 7. The parties accepted that the definition of employee is wide enough to include “freelance” workers such as the Claimant…..”

https://www.ipse.co.uk/advice/miriam-oreilly-case-and-freelancers

Scottish Government Employment Tribunal – Have You Been Discriminated Against in Favour of Tier 2 Migrants?

If any persons reading this believe they have been replaced by Tier 2 workers on the Scottish Government SAF Project and would be interested in a joint tribunal action against all the organisations involved and also against individually named managers then please get in touch before the end of April 2015

To do this please follow us on Twitter and send us a Direct Message on Twitter at https://twitter.com/ScotsFarmer

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If a worker is discriminated against in favour of a cheaper Tier 2 recruit who has been brought in to replace them (which would be a breach of the Resident Worker Test) then there appears to be a clear case of Racial Discrimination which can be brought against the employer(s) and every individual manager involved in the process.

Discrimination is a protected characteristic which means that all workers can make a claim, not just employees.

There are also a number of other protected characteristics than can be applied to individual cases

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HOME OFFICE – POLICY EQUALITY STATEMENT (PES)

EQUALITY ISSUES

This PES has been prepared to accompany the Statement of Changes to the Immigration Rules laid on 15 March. The impacts of the changes will, by necessity, be kept under review to ensure that no adverse equality issues arise as a result of the application of these changes.

Public sector equality duty

The Equality Duty, introduced by Section 149 of the Equality Act 2010, requires public bodies to have due regard to the need to:

 eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010;

 advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and

 foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Equality Duty covers the following protected characteristics: age; disability; gender reassignment; pregnancy and maternity; race (including ethnic or national origins, colour or nationality); religion or belief; sex; and sexual orientation.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117959/policy-equality-statement.pdf