Outside IR35 and suffered discrimination

[up4it]

I was terminated from a 12 month UK contract after 5 months and was clearly a victim of racial discrimination. The work I did was fine. It was a government project so I can't say too much about it.

The contract was deemed to be outside of IR35 and I was working thru my own Ltd. Company.

Can anyone tell me what action I can take to seek re-dress? As I have been receiving conflicting advice about this issue.

Would an employment tribunal (ET) pursue a case like this if I was deemed outside of IR35?

Can ETs handle a case that would probably be seen as business to business?

I don't really like going down this path but sometimes in life u are left with no choice! It would also prevent others from suffering the same fate.

Thanks for any help/suggestions in advance.

[eek]

You are /were a contractor so there is nothing you can do apart from:

Tulip happens dust yourself down and get another contract.

[xoggoth]

No idea but if they were that racist why did they take you on? What reasons did they give for the termination? Are there any others of same ethnicity still working there? All questions any tribunal would ask I imagine even if they did concern themselves with contractors.

[SueEllen]

Yes an employment tribunal would take on a case of race discrimination as you are covered by the legislation as a worker.

However due to the time, effort and stress you would undergo by pursuing such a case would you really want to go through this?

You need to remember the onus is on you to prove that you were racially discriminated against and don't expect anyone on the project to back you up.

And by the way the public sector including NHS, local government and the police are very happy to throw public money at fighting against employment tribunal cases as the unions throw cases at them all the time. So don't expect an easy ride.

There was a case with my one of my local hospitals that took 4 years due to appeals and the guy lost on a technicality even though he was right in his actions.

Sometimes in life it's better to just move on.

[PSK]

If you are certain you can clearly demonstrate to a third party (and evidence this) that you have been discriminated against on the grounds of race then you might find a note to the Accounting Officer, copied to the head of what ever this organisation calls its equalities and diversity office, less hassle and more productive before you go down the ET route. If you can meet this standard, the organisation will probably welcome this approach too. If you can't meet this standard then you might want to think about your chances of success before investing that time.

Good luck.

[yorkshireman]

Only a lawyer on hearing your "clear evidence" can tell whether you have any legal case - although as you were not an employee I doubt if it would be via an Employment Tribunal in any case.

But as Managing Director of your own business you have to ask yourself whether suing your clients is a good strategy for future business development?

You have been contracting for 6 years now so it is time you got that Micro Company perspective. Personally you are bound to be upset at your contract ending 7 months early, but as your "Limited" at least you got 5 good months out of it!

Go get the next one!

[SueEllen]

Some reading for you:

Equality Act 2010

[up4it]

Thanks for any responses so far.

The issue is around me having dual nationality and so not being eligible to work on certain government projects. Though, it took them 5 months to get rid of me despite me being very open about my dual nationality from the start.

Just to say that I am experienced enough not to be fazed by tackling these things head on if required. Going to an ET is not so diificult if that is where it ended up.

By the way, I have been contracting for around 12 years now. On and off as I fancy! ;-)

[Mr.Whippy]

The issue is around me having dual nationality and so not being eligible to work on certain government projects.

not being able to work on certain government project(s) because of your nationality constitutes "racial discrimination"?

Though, it took them 5 months to get rid of me despite me being very open about my dual nationality from the start.

Were you going through any sort of security clearance at the time?

[VectraMan]

The issue is around me having dual nationality and so not being eligible to work on certain government projects. Though, it took them 5 months to get rid of me despite me being very open about my dual nationality from the start.

So it's not about racial discrimination.