Letter to the Employment Appeal Tribunal 09 Jul 2020

To: Employment Appeal Tribunal     By e-mail:eatassociates@justice.gov.uk, eatgeneral@justice.gov.uk  Miss K Paczkowska

Date: 09 07 2020

Case Number: 2402211/2019     Miss K PaczkowskaUKEATPA/0749/19/LA   v      R-Com Consulting Limited

Dear Sirs,

I am writing in regards to the Appeal above from 05 Aug 2019.

I have not received a decision insofar. Last EAT update was on the 24 Apr 2020 with Ms Lethica Anil Kumar that the file is at home with Judge ‘Louis’ for sifting since the end of March 2020.

Because the Employment Tribunal Manchester lists its hearings irrespective of the Appeal decision response, I have now missed several listing; including for the full Hearing on 10-12 Aug 2020.

I informed the Employment Appeal Tribunal of this urgent matter on several occasions, including last Urgent e-mail to the EAT chasing for an update on the 16 Jun 2020, informing of upcoming hearings.

The next 3-day allocation will be possible in Dec 2020 or Jan 2021. I am also awaiting serious operation and hospitalisation.

The entire ordeal has caused me enormous turmoil; not only because I am awaiting very crucial decisions on my Appeal, but also I missed out on several hearings and now my case will be postponed possibly another year! I have reasons to believe I am being subjected to the institutional racism and I will be giving my evidence to the Government inequality inquiry later this year SO HELP ME GOD.

I have suffered sexual harassment, discrimination, victimisation and harassment from this employer and 4 years on I am far from reaching any remedy. My health suffered huge toll and my Human Rights have been breached. My life and dignity has been tarnished irreparably.

Even for the claim I won in July 2019 (Victimisation claim) I have not heard back on a remedy hearing so far!

Please address breach of my Human Rights under the Human Rights Act 1998 and the European Convention on Human Rights and Freedoms for these case proceedings; as follows:

Article 3 No one shall be subjected to inhuman or degrading treatment or punishment.

Being wildly victimised for complaining about less favourable treatment and victimisation, Judge’s bias and perversity; being victimised for requesting a question from the Court of Justice of the European Union; unresponsiveness of the Tribunals; hostility in treatment and attitudes; ie. Institutional racism

‘The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people’.

Being oppressed by the establishment mainly for being an EU Citizen and raising ‘uncomfortable issues’, like Brexit discrimination, exploitation, establishment oppression and victimisation:“a Marxist would conclude that capitalism exploits and oppresses the proletariat” Wikipedia

Employer, no matter how bad or small, is being protected as opposed to migrant worker.

I am being squashed as a person for pursuing discrimination claim; unrepresented and became disabled because of mistreatments and stress. I am being subjected to attrition; the process of reducing something’s strength or effectiveness through sustained attack or pressure. All the actions are collectively orchestrated to wear me down and break my spirit in a ‘silent’, seemingly nonexistent way, not possible to prove.

Article 6 Right to a fair trial

1In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

EQUALITY OF ARMS – CLAIMANT AS LITIGANT IN PERSON AGAINST LARGE LEGAL FIRM, LENGTH OF THE PROCEEDINGS, QUESTIONABLE TRIBUNAL IMPARTIALITY/BIAS, AS ABOVE, REMAINING HOSTILE. SETTING ME FOR FAILURE BY ATTRITION AND UNRESPONSIVENESS LEADING TO PUTTING ME ON A BRINK OF NERVOUS BREAKDOWN ON COUTLESS OCCASSIONS NO PERSON WOULD ENDURE PSUCHOLOGICAL TORTURE I AM IN, SEEKING REACTION OUTBURST SO THAT IT WOULD BE EASIER TO SHOW ME IN A BAD LIGHT AND JUSTIFY UNFAVOURABLE DECISIONS. SETTING UP FOR FAILURE EXPOSING CLAIMANT AS HAVING CONCERNS WITH THE TRIBUNALS GIVING UPPER HAND TO THE POWERFUL RESPONDENTS WHO NOW HAVE TO WIN BEING DECIDED BY UNFAVOURABLE TRIBUNAL.

4 YEARS AWAITING FOR JUSTICE AND REMEDY. BECAUSE OF CONSTANT DELAYS NOW ANOTHER YEAR APPROXIMATELLY ADDED TO POSTPONEMENT.

CONSTANT INHUMAN EXPECTATION TO BE COMPLECENT AND INGARCIATE YOURSELF 4 YEARS ON OR FACE FAILURE. NO MATTER HOW UNJUST THE JUDGMENTS ARE OR UNFAIR PROCEEDINGS.

Article 8 Right to respect for private and family life

1Everyone has the right to respect for his private and family life, his home and his correspondence.

Life being on hold and paralised 4 years on for raising discrimination. Living in constant threats.

Article 14 Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

BEING SET TO FAIL. TREATING CLAIMANT LESS FAVOURABLY AS A POLISH DISABLED PERSON. As above. Acting in a way to subtly help the British Respondent, irrespective of how bad of an employer it is.

Brexit effect- the present state of the law can only be found by going through a number of different authorities and rarely won by the Claimants:

In  Mr J Day v Alloga UK Limited, 2601591/2016, European Union workers in this country were fearful for their continued employment in the United Kingdom should the outcome be Brexit.

In Mrs M Green v South Cave Kids Club, 1800950/2017, The staff and management round this time, would make racist comments like ‘send the eastern European workers home’ or ‘these eastern European workers are taking our jobs’ knowing full well that Marie Green came from the Czech Republic.(…)”

In Mr A Puri v Interalinks Ltd, 2200418/2017, the Brexit effect had led to diminished client activity, and hence adversely affected his performance. a recognition of what might be called the Brexit effect.”

InK_Stefanko_and_Others_v_1__Maritime_Hotel_Ltd__in_voluntary_liquidation__2__Mr_N_Doherty_UKEAT_0024_18_OO, the EAT reversed ET decision that there was no race discrimination. “call Ms Woronowicz a “self-centred Polish bitch” he was very angry and told her that if she thought things were so bad, she should go back to Poland and that he repeatedly swore and told the three of them to pack their bags and leave as they repeatedly requested the correct payment for their wages.”

There is no similar corresponding law in the Equality Act 2010 that could protect EU citizens in current state of play (socio-economic-cultural climate) from justified ‘silent’ discrimination or social cleansing of ‘bad apples’ (because everyone is most fearful to speak up in fear for their very existence, their children and family, seeing no point of going through years of employment tribunal case), hence to my knowledge all race discrimination cases related to Brexit failed; especially for unrepresented Claimants. Employment Tribunals claiming to be independent of the government seem to be rather detached from being down to earth about the reality of the problem, which in my experience if done intelligently like by my employer to get rid of me and exploit me, is impossible to prove. ET is not impartial because is failing cases in a hostile way just as a Government Policy dictates and in it what it doesn’t like to hear, comfortable with secure jobs and wages of over £100 000, detached from or impossible to level with scared oppressed squashed EU citizens, who’s very existence has been in turmoil.

#ICAN’TBREATHE

The European Convention on Human Rights (ECHR)

ARTICLE 3 No one shall be subjected to inhuman or degrading treatment or punishment.

ARTICLE 6 Right to a fair trial

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

ARTICLE 8 Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

ARTICLE 13 Right to an effective remedy

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

ARTICLE 14 Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Yours faithfully

Katarzyna Paczkowska

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