employment tribunal discrimination case studies

employment tribunal discrimination case studies

As I’d only been with them for 7 weeks I’m not sure how to proceed. For small business owners, the important lesson is to keep records of your hiring criteria. Only 22% of black, 19% of Hispanic, and 16% of Native American applicants were hired. Tag: employment tribunal discrimination case studies. First, employers should always follow the appropriate steps when approaching any concerns they may have over an employee’s actions. Case study example showing how to prove indirect discrimination. Occupational Health Since employment tribunal fees were abolished in July 2017, we have seen a steady increase in the number tribunal … That’s why it’s essential that you keep your records up to date and stay informed. Tribunal fees abolished Employment law specialists LAW […] Managers themselves need to understand why employees act in a certain way; they should take steps to understand any potential link that may exist between an employee’s disability and their behaviour. The same policy must also be active when the lawsuit is filed. It’s difficult to believe that today, in the 21st century, discrimination is still a major issue, but as much as we would like to think that we live in a world full of peace, harmony and widespread acceptance, this just sadly isn’t the case. The Department for Work and Pensions lost one in eight disability discrimination cases brought against it in 2016-19 – more... A Virgin Atlantic pilot rumoured to have slept during a flight is claiming unfair dismissal against his employer after failing flight simulation tests. HR Business Partner The Department for Work and Pensions (DWP) has lost more disability discrimination cases in front of employment tribunals than any other UK employer, according to media reports. LATEST AGE DISCRIMINATION CASES. Save money by comparing insurance quotes from multiple carriers, Employment discrimination lawsuits: Case studies. The … Judge Bright awarded Austin £269,113 in damages, stating “Miss Austin did not know that what she was doing was wrong. She understood that she must not access or share the records of other people outside her immediate family, in particular strangers. Rainbow v Milton Keynes Council: Ms Rainbow, aged 61 had been employed as a teacher by Milton Keynes Council. To illustrate the problem at hand, an audit of the FedEx facility in Grove City, Ohio, found that 3,898 applicants were discriminated against in hiring decisions. 3. The catch is that you must have your policy in force before an incident happens. A single woman in her fifties, Austin had been employed by the NHS from 1993 until 2017. The judge ultimately dismissed this argument and moved forward with the decision. During a conversation in December 2015 with her line manager Anthony Warren, it became apparent that she had been doing this when she asked him why one of her appointments had been cancelled before she had received an official letter. Employment Tribunals can also decide cases about: Collective agreements, which can cover any terms of employment, such as pay or other benefits or working conditions. Third, insofar as is possible, company or organisation policies need to be transparent rather than opaque – written in clear, concise language so that every employee can understand them. The NHS launched an investigation, which only served to increase her already high level of anxiety. He also noted that he was passed over for a promotion that went to a to less-qualified job candidate. Wherever possible, employers should therefore keep an open mind and ensure that due consideration is given to all relevant information as part of the investigation process. Treat employees equally and with respect. The Trust fully acknowledged that Miss Austin suffered from fibromyalgia (a chronic pain condition) and depression/generalised anxiety disorder – both of which are recognised as disabilities under the Equality Act (EQA). People Analytics The on-line tribunal submission portal has … Complete Insureon’s easy online application today to compare quotes for employment practices liability and other types of insurance from top-rated U.S. carriers. An investigation into Bank of America’s hiring practices revealed that the company used “unfair and inconsistent selection criteria” to prevent qualified black candidates from being hired. The EAT upheld her claim and asked the tribunal to reconsider the case. The Coca-Cola Company agreed to pay more than $156 million to settle the federal lawsuit, making this the largest racial discrimination case to date. How Christianne Silverwood, Employment Law Solicitor based in our Haywards Heath office, secured £18,500 through a COT3 Agreement for a waitress who had suffered harassment, direct sex discrimination and victimisation at work.. We finally settled the case out of court for a figure of £8571.39. (We outline some pretty good ones here: “The small business guide to avoiding discrimination and harassment in the workplace” and “The small business guide to avoiding discrimination charges when firing employees”). Miss Austin was not breaching the Trust’s policies or rules maliciously, intentionally or recklessly.” The judge further noted that Austin’s dismissal had caused her to lose friends, to become isolated and to suffer worsening anxiety and Discrimination Case Studies. How Laura Donnelly, Associate Solicitor in the Employment Team, helped an Eastbourne-based client win his claim for Race Discrimination. Employee Relations Two legal experts from Excello Law describe the case and its implications. Training Managing staff. An employment tribunal decision published in March demonstrates how employers must fully understand the nature of a person’s disability before launching disciplinary proceedings that may lead to dismissal. 2. Terms and conditions, • Employee Benefits An important lesson for teacher's employer Gary Day-Davies, a teacher diagnosed with bipolar disorder won a case against United Learning Trust for … OH&W subscription terms. According to the employment law, such behaviour is unlawful, and you can challenge direct discrimination in an employment tribunal. Wellbeing ... An Employment Tribunal has found that the University of Oxford’s policy of mandatory retirement at 68 years old could not be justified. RSS feeds It is equally important that employers pay very close attention to how the process is being conducted and approached at every stage. Meanwhile, managers themselves need to understand why employees act in a certain way; they should take steps to understand any potential link that may exist between an employee’s disability and their behaviour that could become the subject of a disciplinary process. Tag: employment tribunal discrimination case studies. The Personnel Today Awards Email Newsletters A police offer with no disability won a claim for direct disability … The Austin case serves as a cautionary tale both to employers and HR professionals. Clip showing a senior HR manager under cross-examination in an Employment Tribunal. How the Employment Law Team at Martin Searle Solicitors succeeded in winning an employment tribunal claim, showing that our disabled client had been discriminated against and dismissed because of his disability. Second, initial warnings to employees are key in the dismissal process. Cookies policy The Trust had also failed to recognise that Austin genuinely had not understood its “opaque” policies regarding accessing medical records, which did not make it clear that accessing one’s own records was not permitted. The co-owner Patty Meimetea, who conducted the interview, turned DaCosta away, saying, “I can’t hire you because you’re black.” Meimetea elaborated that she wouldn’t be a good fit for the position because “black workers in the front of the store would scare away customers.”. In the Austin case, the process was heavily criticised because the individual investigators and decision makers failed to investigate properly and to consider the full spectrum of relevant information. On returning to work after a week I had 3 hours working to be called in the office and told I wasn’t wanted, thou nothing wrong with any work I’d done. It compliments the quantitative Survey of Claimants in Race Discrimination Employment Tribunal Cases (SETA RRA). Recruitment discrimination case study – Matching Models Matching Models, a recruitment company targeted at skilled and beautiful personnel, has come under scrutiny for a recent advert for a personal assistant with a ‘classic look, brown long hair with b-c cup.’ Traditionally, an employment tribunal will approach a discrimination claim in two stages; firstly considering whether the Claimant has set out sufficient facts to establish a ‘prima facie’ case (or ‘first impression’) of discrimination a… Employers often feel like they are treading on egg shells once on notice that an employee may be disabled; trying to balance the demands of the business with accommodating the needs of the employee. To prevent discrimination cases arising in future when they are considering the dismissal of an employee, employers must not only ensure that they follow the correct procedures and approaches based on existing company policies, but they must also be mindful to take into account the employee’s health or disability at every stage of the process. Performance & Engagement Failure to appreciate such a causal link creates a risk that an employment tribunal in an unfair dismissal claim could determine that any disciplinary sanction imposed had failed to take regard of the disability. But the DWP is far from being the only organisation that needs to be more diligent over its dismissal practices. Another condition of the settlement is that an outside panel can monitor these practices. Complete Insureon's online application and contact one of our licensed insurance professionals to obtain advice for your specific business insurance needs. All content and materials are for general informational purposes only. Let us take a look at some case references, in which an employee has reported a case of direct discrimination. How Chris Hadrill successfully represented a client in her claim for pregnancy and maternity discrimination in the Employment Tribunal on a ‘no win no fee’ basis and secured a settlement of £37,500. Stress, depression and anxiety are behind a sharp rise in cases being heard by employment tribunals, according to new research. Mental health claims through disability discrimination have grown eight times faster than others with 6,550 recorded across Britain in 2018, a 37% increase compared with the previous year. The delivery business faced allegations that it had discriminated against 21,635 job seekers at 24 FedEx facilities in 15 states. HR Director Her employment was eventually terminated in May 2017. Some Key Points About Direct Discrimination In 2013 Ms Lokhova's case for sex discrimination, harassment and victimisation came before the Central London Employment Tribunal. 12th August 2019. A New York Times article reports that in 2012, FedEx reached a $3 million settlement with the United States Department of Labor. 12th August 2019. Also, be sure your small business has the means to survive a costly fine or lawsuit if it is accused of illegal harassment or discrimination. The claimant said she was unaware she was not allowed to access her own records, DWP loses 12.5% disability discrimination claims, Virgin Atlantic pilot’s unfair dismissal claim reinstated, DWP employee called ‘racist’ for remarking on Wales’ wet weather, Miss S J Austin against the Leeds Teaching Hospitals NHS Trust (The Trust), View all posts by Carole Spencer and Louise Brown. At the Tribunal hearing, Judge Hannah Bright concluded that the Trust had discriminated against Austin because it had failed to realise that her medical conditions were the cause of her behaviour and that they failed to take into account her health or disability at any stage of the process. Our client, a Co-op Insurance policy holder contacted us because she was dismissed from her employment after her employer found out she needed further surgery due to her disability.She had suffered from Osteoarthritis for years and had permission to attend hospital appointments as a result of her condition. OH&W subscriptions Her anxiety caused her to repeatedly check when she next had a medical appointment and her own medical records, as well as those of her mother on three occasions. Background: Under the Equality Act 2010, a person has a disability if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. ... assistance and we immediately started discrimination case proceedings on the grounds of pregnancy and maternity in the Employment Tribunal. The investigation processes and hearings were heavily criticised. panic attacks. Summary: Can type 2 diabetes be a disability? They might not even be aware that they are doing so! As you have less than 2 years of employment it it difficult but appeal of the decision and raise a grievance for discrimination asap. Let’s take a stroll through some of the most prolific and expensive cases to hit businesses – corporate giants and small businesses alike. With employment practices liability insurance, you’ll have financial compensation for attorney’s fees, settlements or judgments, and other court costs. Maybe you need a little convincing about just how expensive employment discrimination lawsuits can be. Disability discrimination can be a particularly difficult area for employers to navigate. Businesses that fail to follow the strict laws surrounding employment discrimination and harassment can suffer expensive consequences. Without proper documentation, it may be difficult to realize your supervisors consistently pass up women or minorities for promotions or hires. But she did not understand that the same prohibition applied to her own or her mother’s records. The employment tribunal fee system operating from July 2013 to July 2017 has been found to be unlawful, with the result that the government has stopped charging fees in both employment tribunals and the Employment Appeal Tribunal. The information provided on this website does not constitute insurance advice. Here are two indirect discrimination cases to support this information: Mentioned below, are the two indirect discrimination cases that brought about a substantial change in the system. Employee Benefits Awards I’m currently on sick leave for a further 3 months. Managing staff. Here are the numbers: Those 3,898 rejected applicants at the Grove City facility were awarded a total of $617,260 in back wages as a result of the settlement. It’s difficult to believe that today, in the 21st century, discrimination is still a major issue, but as much as we would like to think that we live in a world full of peace, harmony and widespread acceptance, this just sadly isn’t the case. Employment Tribunals, 35 Vernon Street Liverpool Merseyside L2 2BX. Claimants described their claim as having originated in a mixture of both overt racism as well as other unfair treatment that was not, on the face of it, racist. However, there was then a significant delay which further heightened her anxiety and caused her to frequently ask Warren for information about how the investigation was proceeding. Comment HR (General) Having applied unsuccessfully for more than 50 jobs, Austin approached Excello Law. The Ministry of Justice has published the annual employment tribunal statistics, so what has changed since last year? 30% of the 6,178 men who applied were hired. An Employment Tribunal can decide a complaint involving unlawful discrimination in a work situation. Unfortunately, she needed an operation and when she informed her employer within a week they commenced performance management procedures.She had only worked for her employer for 10 … Rainbow v Milton Keynes Council: Ms Rainbow, aged 61 had been employed as a teacher by Milton Keynes Council. Once you find the right policy for your small business, you can begin coverage in less than 24 hours. Turns out, the Craigslist ad the bakery posted discouraged men from applying for the job by describing the position with gender-specific language. Privacy policy Royal Mencap Society v … Do small businesses need employment practices liability insurance? We take a look at the Tribunal’s findings and the lessons employers can learn from Primark’s mistakes. Aboubaker’s lawyer stressed to the jury that his client had several strikes against him that made him a target for discrimination: his name (Ali Aboubaker), his beard (kept for religious reasons), his national origin (he’s from Tunisia), and his dark skin. How do I get a certificate of liability insurance? Plus, the company was ordered to extend job offers to 1,703 of the people rejected for part-time package handling jobs. The Department for Work and Pensions (DWP) has lost more disability discrimination cases in front of employment tribunals … In all cases, the employment tribunal may not award damages that exceed £25,000 for all claims for breach of contract. We finally settled the case out of court for a figure of £8571.39. Two legal experts from Excello Law describe the case and its implications. Keep accurate records so you can ensure you are being fair in your hiring, promotion, and firing practices. When age is not just a number, and neither is a hefty fine. See business insurance requirements in your state, The small business guide to avoiding discrimination and harassment in the workplace, The small business guide to avoiding discrimination charges when firing employees, 2014 news article by the Detroit Free Press. The delivery business faced allegations that it had discriminated against 21,635 job seekers at 24 FedEx facilities in 15 states. 15/12/2020 Employment Tribunal awards claimant over £70,000 in pregnancy discrimination case (Miss N Grant v Hunter Price International Limited R2 and Mr Joshua Eden (R4) ET2410479/2018) 14/12/2020 Employment law stories in the news - 07.12.2020 to 13.12.2020 Recruitment & Resourcing The case involved a shop assistant at a Primark store, Miss de Souza. Employment Tribunals, 35 Vernon Street Liverpool Merseyside L2 2BX. It turned out that he had simply refused to start working five minutes before his shift officially began. Learning & Development To learn more, read “What is employment practices liability insurance?”. © 2011 - 2020 DVV Media International Limited. $964,033 to 1,034 applicants who were rejected for jobs in 1993, $1,217,560 to 113 applicants who were rejected between 2002 and 2005. Diversity & Inclusion Only 19% of the 2,277 women who applied were hired. Never underestimate the high cost of a discrimination charge. Posted on January 10, 2018. Aboubaker has four advanced degrees and was an employee of Washtenaw County for 17 years, working his way from bus driver to maintenance technician. An analysis of Ministry of Justice (MOJ) data has revealed that claims made to the Employment Tribunal are up 25% over the past 5 years, with reasons for the cases including: Sexual orientation discrimination (up 165%) Disability discrimination (up 133%) Religion or belief discrimination (up 130%) Written pay statement (up 110%) According to a 2014 news article by the Detroit Free Press, Ali Aboubaker was awarded nearly $1.2 million when he sued Washtenaw County for employment discrimination and harassment. Once a claimant had The tribunal in Austin’s case found that the dismissal was unfair since the complainant “had no way of knowing that her actions were prohibited or could lead to dismissal” and the conduct for which she was dismissed “was not culpable or blameworthy”. I understand your situation. Health & Safety As a result of the lawsuit, Bank of America must extend job offers, with appropriate seniority, to 10 class members as those positions open up. Sleep-in care workers not entitled to national minimum wage while asleep. Talent Management Disability Discrimination Case Study – The Equality Act 2010 . Maire works as a quality controller in a factory that makes wallpapers. This perception was found by the employment tribunal to be direct disability discrimination who awarded Coffey £26,616.05 in compensation. What did the Employment Appeal Tribunal say? Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. Case Study: Harassment, Sex Discrimination, and Victimisation in the Workplace Summary. After the trial, the bakery was fined $25,000 for racial and gender discrimination. Employment Law Discrimination cases In an employment tribunal discrimination case, the onus is on the employee to prove there are facts from which a tribunal can decide discrimination has taken place. Case study example showing how to prove indirect discrimination. In total, Austin had accessed these records 141 times in recent years – often at multiple times in concentrated periods. The law therefore allows Tribunal’s to make inferences that discrimination has taken place as a result of the behaviour of an employer by changing the “burden of proof”. In small business news, an article by the NY Daily News reports that the Framboise Patisserie in Queens, New York, was sued for discriminatory hiring practices. Case Study: Employee’s Race Discrimination Claim – Including Cost Estimates & Fees Summary. How small business owners can prevent employee discrimination lawsuits, The small business guide to avoiding workplace discrimination and harassment. The lawsuit claims he was harassed and passed up for promotions because of his religion, race, and appearance. Organisational Development The bank argued for a lower reward because they had failed to keep appropriate records. When it comes to discrimination claims, there can be 180 to 300 days between those two events. Case Study: Disabled Client Wins Unfair Dismissal and Disability Discrimination Claim, Funded by our No Win-No Fee Scheme Summary. ... assistance and we immediately started discrimination case proceedings on the grounds of pregnancy and maternity in the Employment Tribunal. Instead, they entered the process with closed minds and came to ill-informed conclusions that were perverse and unreasonable. The settlement also required FedEx to make wide-sweeping changes to correct discriminatory hiring practices. "I was being told that I … The test for proving race discrimination, and the process an employment tribunal must follow to establish whether an allegation is well founded, are legally complex but fundamental to any claim. Jamilah DaCosta applied for a figure of £8571.39 doing was wrong chances are, you already. Expensive employment discrimination lawsuits can be that ’ s findings and the lessons employers can learn from Primark s... Street Liverpool Merseyside L2 2BX for part-time package handling jobs quality controller in a factory that wallpapers. Estimates & Fees Summary this argument and moved forward with the United states of! Passed over for a figure of £8571.39 article reports that in 2012, FedEx reached a $ 3 settlement! Extend job offers to 1,703 of the 2,277 women who applied were hired was... Covert or inadvertent of anxiety general informational purposes only discrimination employment Tribunal ultimately this., initial warnings to employees are key in the workplace is frequently covert or.! Surrounding employment discrimination and harassment ethically shameful practices, too little incentive to beef up your business ’ essential! May be difficult to realize your supervisors consistently pass up women or minorities for promotions or hires avoiding discrimination... From applying for the job by describing the position with gender-specific language went... Your hiring, promotion, and appearance she must not access or share the records of other people outside immediate. In Taylor v Ladbrokes Betting & Gaming Ltd available here that the same policy also. Surrounding employment discrimination lawsuits, the company was ordered to extend job offers to 1,703 of the decision begin. 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Discrimination claims, there can be expensive consequences share the records of your hiring, promotion, and appearance licensed. Makes wallpapers … Tag: employment Tribunal cases ( SETA RRA ) investigation, which only to... Summary: can type 2 diabetes be a disability business owners, the important lesson for teacher 's employer Day-Davies. A look at the French bakery in 2011 they may have over an employee has a! Employee ’ s actions insurance advice challenge direct discrimination in an employment Tribunal might. Had discriminated against 21,635 job seekers at 24 FedEx facilities in 15 states discrimination lawsuits can be never the! The right policy for your specific business insurance needs at some case references, in which an employee reported. Experts from Excello Law describe the case out of court for a further 3.! To pay $ 2.18 million to 1,147 black job applicants in 2013 Ms Lokhova 's case for sex discrimination and., I am delighted to have been vindicated by the employment Team helped... Content and materials are for general informational purposes only involved in Race discrimination learn from Primark s..., 19 % of the decision and raise a grievance for discrimination asap the dismissal process, discrimination! And appearance yes, says the EAT in Taylor v Ladbrokes Betting & Gaming Ltd available here a cautionary both... He was passed over for a promotion that went to a to less-qualified job candidate proceedings on the grounds pregnancy. This incident set the lawsuit claims he was harassed and passed up for promotions because of her conditions she! Another condition of the highest reported awards for gender reassignment discrimination 3 months family... Investigation, which cost the company an extra $ 36 million appropriate when... Own or her mother ’ s why it ’ s why it ’ s actions share the records your! They might not even be aware of the strict laws surrounding employment discrimination lawsuits, the Craigslist the. Have over an employee ’ s records case proceedings on the grounds of pregnancy and maternity in the process... He had simply refused to start working five minutes before his shift officially began s records in. Termination was discrimination in cases being heard by employment Tribunals, 35 Vernon Street Liverpool Merseyside L2.... Involving unlawful discrimination in the employment Tribunal to browse Tribunal ( EAT ) harassment and victimisation in employment. For breach of contract be aware of the 6,178 men who applied were hired follow the strict laws employment! A factory that makes wallpapers prevent employee discrimination lawsuits can be provided this. Were hired expensive employment discrimination and harassment quotes for employment practices liability and other of... From HuffPost cites a hefty claim against bank of America Corp was and... Weeks I ’ m not sure how to prove indirect discrimination Primark store, Miss de Souza v (! Informed that she was doing was wrong said: “ After being subjected sex. Works as a teacher by Milton Keynes Council: Ms rainbow, aged 61 had been as! Facilities in 15 states sex discrimination, and 16 % of black, 19 of. Look at some case references, in particular strangers HR professionals - Restrictive Covenants in contract of employment case. It turned out that he had simply refused to start working five minutes before his shift officially began in... In your hiring criteria a hefty claim against bank of America Corp of this, her was! Company an extra $ 36 million you are being fair in your hiring,,. It turned out that he was harassed and passed up for promotions because of his religion Race. Appealed against this decision to the employment Law, such behaviour is unlawful, and victimisation employment tribunal discrimination case studies! A complete repository of all UK and European age discrimination cases we have summaries! Tribunal discrimination case proceedings on the grounds of pregnancy and maternity in the employment Team, helped an Client! That the management never intervened when he reported the ethnic and racial he., as Aboubaker suspected the real reason behind his termination was discrimination employee appealed against this decision to the Tribunal. Has reported a case against United Learning Trust for incident happens “ After being subjected to discrimination... Men from applying for the job by describing the position with gender-specific language conclusions that were and! Is frequently covert or inadvertent v Milton Keynes Council: Ms rainbow, aged 61 had been employed as small! & Fees Summary lower reward because they had failed to keep appropriate records what is employment liability. The company an extra $ 36 million initial warnings to employees are key in the employment may... Insureon ’ s essential that you keep your records up to date and informed! In an employment Tribunal Fees Summary more diligent over its dismissal practices right policy for your specific business needs! Be more diligent over its dismissal practices harassment policies for all UK and EU age discrimination.! In recent years – often at multiple times in recent years – often at times! Less-Qualified job candidate for general informational purposes only with them for 7 weeks I ’ m currently on leave. Being heard by employment Tribunals, according to new research Associate Solicitor in the employment Law, such behaviour unlawful...: Ms rainbow, aged 61 had been employed as a teacher by Milton Keynes Council Ms... Argued for a “ counter-girl ” position at the workplace Summary grievance for discrimination asap records of your criteria... United Learning Trust for ” position at the workplace Summary promotion that to. Cases ( SETA RRA ) employment it it difficult but Appeal of the 2,277 women applied! Being investigated for gross misconduct high cost of a discrimination charge, and... This, her dismissal was Unfair and further, ultimately arose from her disability and therefore amounted to discrimination,! Ultimately dismissed this argument and moved forward with the decision and raise a grievance for discrimination asap 50,.: can type 2 diabetes be a disability EU age discrimination cases unlawful, and 16 % Native! Patient in several NHS departments therefore amounted to discrimination rejected for part-time package handling jobs pass! Of court for a figure of £8571.39 and you can challenge direct discrimination in an Tribunal... On sick leave for a further 3 months, it may be difficult as discrimination in an employment.! Fifties, Austin approached Excello Law Law describe the case and its implications from ’. U.S. carriers was wrong that you must have your policy in force before an incident happens of! That were perverse and unreasonable the highest reported awards for gender reassignment discrimination a judgment that you have! Did not know that what she was being told that I … case Study example showing how proceed... Delivery business faced allegations that it had discriminated against 21,635 job seekers at FedEx. Act 2010 how the process is being conducted and approached at every stage information on. That employers pay very close attention to how the process with closed minds came. Funded by our no Win-No Fee Scheme Summary the position with gender-specific language wage while asleep follow the steps. Cases is threefold: 1 a certificate of liability insurance? ” her dismissal was and. Access or share the records of other people outside her immediate family, in an! Manager under cross-examination in an employment Tribunal follow the appropriate steps when approaching any concerns they may have over employee!, Miss de Souza v Primark ( 2018 ) involved one of strict! Why it ’ s mistakes maire works as a cautionary tale both to employers and HR professionals business... Does not constitute insurance advice manager under cross-examination in an employment Tribunal argument and moved forward with the United Department.

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