Introduce Yourself

IN THE EMPLOYMENT TRIBUNAL

CASE NO.2405428/16

B E T W E E N

MISS K Paczkowska

CLAIMANT

-and-

R-Com Consulting Limited

RESPONDENT

CLAIMANT’S OPENING STATEMENT 03 SEP 2018

But not limited to

My name is Katarzyna (Kat) Paczkowska and I am a Claimant litigator in person in this Hearing.

I have been working in UK for the last 14 years (without gaps in employment exceeding several weeks but for the Respondent I remain on long term sick leave). In my view two circumstances had an impact on working and living in UK for me as a working immigrant – those were 2008 recession and Brexit campaign and referendum on 23 Jun 2016. For me the implications were difficulties to keep the job and find new job. I have university Master Engineering Degree education and many qualifications from this country, including Equality and Diversity L2 Certificate completed in 2013.[Bundle 260-276]

Thank you to this Panel and Employment Tribunal Judge and Administration for their patience and time in dealing with this case.

I launched this complaint on 03 Dec 2016, as I genuinely and in good faith believe to this day that I have been a victim of corporate (collective) harassment and discrimination on grounds of race (nationality) and sex, including sexual harassment, followed by disability discrimination and victimisation for which I seek justice.

I have been ‘headhunted’ in April 2016 by D4digital Ltd.(in a group with the Respondent) to be hired by R-com Consulting Limited (the Respondent) as Sales Support Coordinator on £19 000,0 p/a from 10 May 2016 and left off sick on the 14 Sep 2016. I remain unfit for work. I signed Contract of Employment on 04 May 2016 following interview with Managing Director AjazRathore and Manager ZarinaGreenhalgh on 27 April 2016.

Just after I signed the contract I have been introduced to Ashley Jackson, as my Line Manager to my surprise, as I reasonably thought ZarineGreenhalgh would be my Line Manager.[Bundle 18-27]

I worked at the employer premises 4 months and brought to this Tribunal some 21 incidents of less favourable treatment and unwanted conduct under the Equality Act 2010, supported by background information. 4 of those were stopped at Preliminary Hearing, however I would like to challenge this in light of new evidence.

Please see below schedule of less favourable treatment and brief description:

No#	Date	Grounds	Incident	Bundle ref
1.	27 April 2016	Race/Sex	At the interview personal comments made towards my ethnicity, “your English is a little broken” and “Is your boyfriend also Polish?”	21, 41
2.	11 May 2016	Race/Sex	Called ‘on the carpet’ and treated harshly by MD	21, 41
3.	24 June 2016	Race	Post-Brexit questioning in public open plan office about what am I going to do?/residency/visa and passport	22,41
4.	28 June 2016	Race	Increased scrutiny and fault finding, targeting and finger pointing	22, 41
5.	12 July 2016	Race	Denied to speak Polish with fellow Polish colleague (only us two were Polish) who was leaving in 3 days when it was perfectly fine prior to referendum.	22,41
6.	July 2016	Race	Comments Chris Haresnape ‘Brexit won’t happen soon enough and more people will be coming until then because Britain is where they can speak English and work’ and ‘people come here expecting/having ‘icing on the cake’	23,41
7.	10 August 2016	Race/Sex	MD unexpected outburst in my direction ‘who else has a problem with Sales Support’? Being physically occluded from speaking out ‘This is a little unfair’	23, 42
8.	11 August 2016	Race/Sex	Claimant too upset to take part in office fun& games as sole person out. The ‘fun facts nobody knows about you’ re Claimant were still brought out to everyone’s amusement	42
9.	01 September 2016	Race/Sex	Increased workload under pressure for D4digital Ltd. Marketing and financial Power Point presentation and drafting employees commission terms and conditions in separate meeting room	22,42
10.	02 September 2016	Sexual harassment	Casual Friday – sexual harassment by Line Manager ‘stared me down’ sitting next to and in front of other male Managers (inappropriate gaze)	23,42
11.	09 September 2016	Sexual harassment	Casual Friday – sexual harassment by Line Manager, who in 1-to-1 meeting while giving me distressing news i.e. Zarina leaving in a week/his weekly trip to Madrid, stretching and showing his bare biceps looking on my reaction	23,42
12.	Unspecified/throughout	Sexual harassment	Ashley Jackson said to me, that ‘I keep a fan (small mini usb fan) on my desk because he is so hot’ sitting next to him, as to cool myself down feeling attracted to him sitting so close (sexual innuendo). There were never fans distributed as air-con was in the office. Inappropriate ambiguity(plausible deniability), comments and behaviour (eating ice creams, gapes or peeling tan, showing his knees). Sexist gestures by senior staff	23,25,43
13.	Unspecified	Sexual harassment	Feeling uncomfortable walking around the office (lad’s culture) or to the meeting room alone with Ashley Jackson out of concern lad’s may comment inappropriately(added when remembered)	23,43
14.	11 September 2016	Sex, Sexual harassment	Raising sexual harassment grievance to Line Manager. Senior Management aware for 3-4 days. Not addressed along with surrounding circumstances caused me to fell ill.	24,43
15.	Unspecified	Sex, Sexual harassment	Unwanted conduct via e-mails from Ashley Jackson with comments, like you will love me for that, keeping me sweet, I will keep you calm or I will make things happen for you	24
16.*	01 June 2016	Harassment, Sex, Race	Comment by Ashley Jackson (Sales Team meeting all male) about Russian woman at IP Expo 2016 ‘Did you get anywhere with her? As she was Russian after all’. Originally stopped at Preliminary Hearing –now new evidence surfaced and Ashley Jackson admitted to making such comment	294-295
17.*	Unspecified	Indirect disability	Job description advertisement requirement for ‘very well presented’ and ‘pride in your appearance is very important’ putting potentially impaired or disfigured disabled person at disadvantage group	69-73
18.*	Unspecified	Harassment, Sex	Courtney Norris confided in Claimant, as to being paid apprentice salary but performing Facilities Manager and Reception role. Unable to afford car or insurance	73
19.*	Unspecified	Harassment, Sex	Female employee being a model, who was being made uncomfortable and Claimant aware of lads comments about her. Attempt to hire another model	69-73
20.	29 Jun 2017	Harassment, race,sex,disability	‘Disgrace’ e-mail from Sue Dando, Group Sales Manager to the Claimant. D4digital Ltd	335-407
21.	19/27 Oct 2017	Victimisation, disability	Refusal to provide work references	409-430
22.*	Jul/Aug 2018	Application to include	Respondent disputing Claimant’s disability and medical evidence badgering Claimant prior to the Hearing for apparent ‘unsatisfactory looking’ medical evidence from NHS service providers (the only available to the Claimant) and apparent gaps when consecutive ‘Not fit for work’ ongoing notes supplied to the Respondent. Unexpected and not agreed decision (27 Aug 2018) to include Claimant’s medical evidence to the public hearing Bundle and cross-examination in violation of Claimant’s Human Rights. Application to the Tribunal under Rule 50 of Employment Tribunal Rules of Procedure sent 28 Aug 2018
23.*	05 Jul 2017	Application to include	Failure to comply with Case Management Order 3. Obscuring document disclosure namely e-mails from Ashley Jackson to the Claimant. Pending Microsoft SAR request response (attached)

* see Appendix 1