Jump to content

Fighting back employer discrimination


elongated1

Recommended Posts

I'm starting a new thread so that information doesn't get buried in the mega thread.

 

I hope care workers and NHS worker or anybody else who are pressured to have vax stands up for themselves equipped with information. I'm not a lawyer so just laying the ground for you to get going before you contact your solicitor.

 

6 hours ago, Noctua said:

Can they fire you for not being vaccinated?  Yes, they can.

 

Q: Let’s start with the biggest question here, and that is, can employers legally require their employees to be fully vaccinated before returning to the office, and is it lawful for employers to implement a penalty if they don’t comply?

A: Yes, employers can legally require employees to be fully vaccinated with the caveat that they will have to provide a reasonable accommodation to those who cannot be vaccinated due to a disability or a sincerely held religious belief. In those circumstances, the employer is required under the law to engage in an interactive dialogue with the employee to determine if there is a reasonable accommodation that can be granted in lieu of full vaccination.

As for a penalty, employers can adopt a mandatory vaccination policy and separate those who choose not to comply as long as those employers offer to reasonably accommodate employees who are not vaccinated because of a disability or sincerely held religious belief.

So, provided you don’t have a disability and/or a strongly held religious belief, can a company rightfully penalize an employee for not getting vaccinated, including laying that employee off?

Companies have the right to terminate employment based on an individual’s refusal to be vaccinated if the refusal is not based on a disability or sincerely held religious belief. The Equal Employment Opportunity Commission (EEOC) has issued guidance that permits mandatory vaccination policies—whether someone is vaccinated is not a protected category. To use a silly example, if an employer decides to mandate that its workers all wear green socks, that policy is lawful. Requiring the COVID-19 vaccine is like all other employer rules, i.e., “this is what we ask of our employees.” In the private sector, such a policy is permissible.

Can Employers Require Employees to Get Vaccinated? Plus, Answers to Other Legal Questions as We Return to the Office - Worth

^ Bearing in mind, the lawyer above is based in NY, not UK.

 

So I have further information for those pressured from employer.

IF they terminate your employment, it's their loss just like anyone can murder a person regardless of the law and consequence would be great.

 

Your belief stand guys according to the Equality Act 2010. Save relevant information to explain how you came to your belief.

 

What qualifies as a philosophical belief?

https://www.equalityhumanrights.com/en/advice-and-guidance/religion-or-belief-discrimination#belief

 

If a company introduces a blanket policy that everyone must be vaccinated, that is an indirect discrimination because everyone would be affected including you.

If a company dismisses YOU based on your non-vaccinated status that is called direct discrimination.

 

Then you've got a harassment and victimisation that may be attached to your case.

 

Important thing is to write a letter (evidence) to your employer stating that you are not having a vaccine because of your belief based on the governments documents that you are not participating in the clinical trial. If coerced, they are breaking the Nuremberg Code. Keep a copy of their reply in writing (evidence). Make a note of any harassment that took place at work (date, approximate time, where, with who, any witness?).

 

For template letters, type 'Work' in the search box and chose appropriate one for yourself.

https://www.equalityadvisoryservice.com/app/answers/list

 

If you decide to take them to court, you have 3 months less one day from the date of the first incident to make your claim so you need to act quickly.

I'd send a half dozen emails asking if they would take on your case and see which one sticks. The level of compensation changes depending on the severity. So one off incident might be categorised in the lower band of Vento Bands while ongoing situation might be put into the higher bands.

 

This claimant was affected duration of just a month if I read it correctly....

https://www.personneltoday.com/hr/giwa-amu-v-department-for-work-and-pensions-injury-to-feelings/

 

Injection of poison

https://www.wa.gov.au/government/publications/public-health-act-2016-wa-instrument-of-authorisation-authorisation-supply-or-administer-poison-sars-cov-2-covid-19-vaccine-australian-defence-force-no2-2021

 

Clinical trial proof

https://i.imgur.com/2hajGfC.jpeg

 

https://www.gov.uk/guidance/nhs-covid-pass#vaccine-clinical-trials

 

https://www.gov.uk/government/publications/letter-from-the-deputy-chief-medical-officer-to-uk-vaccine-study-volunteers/open-letter-from-deputy-chief-medical-officer-to-uk-residents-who-have-volunteered-to-take-part-in-covid-19-vaccine-studies


Truther crew, take no more shit.

Put them in their rightful place and stop them from bullying you.

This is how we take back our power one by one.

And don't forget, if you stand up for yourself, chances are that you are going to be saving other people in the process as well.
 

 

Edited by elongated1
  • Like 1
  • Thanks 2
Link to comment
Share on other sites

Very important thread.

 

Might I also suggest we include fighting back against discrimination or coercion on children in schools here  as you can bet your bottom dollar they are coming for the kids in September.

 

Forearmed is forewarned, I bet there's plenty of parents on here who are going to need a point of reference to fight back against this medical tyranny in just 6 weeks time...

Edited by HAARPING_On
bold type added
  • Like 1
Link to comment
Share on other sites

10 minutes ago, HAARPING_On said:

Very important thread.

 

Might I also suggest we include fighting back against discrimination or coercion on children in schools here  as you can bet your bottom dollar they are coming for the kids in September.

 

Forearmed is forewarned, I bet there's plenty of parents on here who are going to need a point of reference to fight back against this medical tyranny in just 6 weeks time...

 

I suggest someone/a parent start a new thread on it please.

Link to comment
Share on other sites

4 hours ago, NoVaccinePassportsAnywhere said:

Thank for this, I don't think there is any way on earth it will stop at care home workers, they will come for us in time, or make life so difficult it will feel like we don't have a choice. But we do, we will stand strong together, we won't give in, we won't take the jab.

 

Agree that they won't stop at care home workers. That's why we need to reach out to them now. Standing strong together isn't good enough now though.

We need to take action.

 

I want everyone who have been victimised to fight back. Turn your misfortune into fortune.

  • Like 1
Link to comment
Share on other sites

So the legal cost can be expensive but thankfully some are offering No Win No Fee. They typically take 25% as the success fee out of your compensation sum.

 

I'm not saying go with these people but there are description you can read to educate yourself about the process.

 

This one is registered with SRA so that's good.

https://www.truthlegal.com/employment-disputes/employment-law-for-individuals/discrimination-claims/

 

This one doesn't show the SRA logo.

https://www.andertonlaw.co.uk/our-services/discrimination-at-work

 

Whoever you gonna go with, check their registration number here. https://www.sra.org.uk/consumers/

 

There is so much scam going on, you have to be careful.

Link to comment
Share on other sites

I’m in the U.K. working for a major U.K. employer

 

currently they are “strongly recommending” the vaccine 

 

 

no thanks

 

also mask usage even though not mandated currently is like 85% in favour

 

mental

 

it’s like 30’degrees

Link to comment
Share on other sites

Just wanted to add this point.

As in mask exemption discrimination case, you are not going to be proving the efficacy of vaccine or the PCR test.

Although your discrimination might have arised based on your vaccination status but you need to concentrate on discrimination and not to make it the vaccination argument.

The reason why I say this is that depending on how you approach the issue, a solicitor may or may not take you on so it's really important that you make your point clear.

 

If you want to fight the efficacy of PCR test, Darian made a good point here so continue on there please.

Link to comment
Share on other sites

In the UK

Section 10(2) Religion or belief of the Equality Act 2010 (page.18) says,

"Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief."

 

In the U.S (check your state law because it will be different from state to state)

You are exempt under the religious waiver. If they force you, they are breaching the law (as always....)

 

Fight! Do not back down because your future depends on it. There is no other time to fight than now....now or never.

Edited by elongated1
Link to comment
Share on other sites

10 minutes ago, BlueSky said:

 

Yeah, just watching the first minute or two, he's going the long way or wrong way.

Once you get it into proving the technicality of the vaccine, you are in a whole lot more complicated route so that's one kind of legal route.

The easier and more concise route is the one I have been suggesting unless you have a team of lawyers who is willing to take on your landmark case to the Supreme Court to decide whether the Covid vax is a vax or not. In another words, his method is proving vax is vax or not and my suggestion is about preserving the rights on individual basis. Of course, his way is superior but it comes with many difficulties and they are not going to be in a hurry to give the person a hearing date for this soon as it serves against the elites. They are willing to set up a court date within a week if it serves the elites' agenda though. lol

Link to comment
Share on other sites

11 minutes ago, elongated1 said:

 

Yeah, just watching the first minute or two, he's going the long way or wrong way.

Once you get it into proving the technicality of the vaccine, you are in a whole lot more complicated route so that's one kind of legal route.

The easier and more concise route is the one I have been suggesting unless you have a team of lawyers who is willing to take on your landmark case to the Supreme Court to decide whether the Covid vax is a vax or not. In another words, his method is proving vax is vax or not and my suggestion is about preserving the rights on individual basis. Of course, his way is superior but it comes with many difficulties and they are not going to be in a hurry to give the person a hearing date for this soon as it serves against the elites. They are willing to set up a court date within a week if it serves the elites' agenda though. lol

I think if you watch the whole video the main point isn't about proving if the vax is a vax or not.

I know there's a million and one videos and pieces to read, & half an hour is a lot of time to spend, but imo it's worth it. 

He's put his methods into practice and its worked. 

Link to comment
Share on other sites

Absolutely fabulous info. I've copied it all from https://twitter.com/WAPFLondon/status/1419968605593247760

Quote

Vaccines in UK are not mandatory. There is an exemption on evidence of medical reasons and the Supreme Court recognises at common law that denial of free and informed consent is a self certified medical reason. See Montgomery v Lanarkshire [2015] UKSC 11

https://www.supremecourt.uk/cases/docs/uksc-2013-0136-judgment.pdf

 

In R Wilkinson v Broadmoor : [2001] EWCA Civ 1545, Lady Justice Hale, Supreme Court President, confirmed that forced medical procedure without informed consent "may be sued in the ordinary way for the (common law) tort of battery" https://www.bailii.org/ew/cases/EWCA/Civ/2001/1545.html

 

In the judgement it was held that acting under statutory authority provides no defence, therefore the Employer will be guilty of coercion on the threat of battery with regards to unlawful dismissal if express evidence of denial of informed consent are unlawfully rejected.

 

This will result in a breach of contract and also a Tort that can be sued. The above is why mask "mandate" exemptions were self certified. It is unlawful for Doctors to interfere with the process of free and informed consent. Informed consent is defined in Montgomery as follows:

1.    That the patient is given sufficient information – to allow individuals to make choices that will affect their health and well being on proper information.

 

2.    Sufficient information means informing the patient of the availability of other treatments (and forms of testing).

 

3.    That the patient is informed of the material risks of taking the medical intervention and the material risks of declining it.

 

      If consent is given but the Patient subsequently proves that information provided at the time breached the above common law test of informed consent, the Tort of battery is committed and the medication is unlawful.

 

The High Court has found children incapable of providing Gillick Competency for experimental medicines with unknown long term effects. Schools therefore risk being sued for battery if ignoring Parental preferences. See Bell v Tavistock [2020] EWHC 3274

https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf

 

The fundamental common law right to free and informed consent, based on the ancient Tort of battery (tresspass to the person), are valid in all 16 Commonwealth Realms and both the Republic of Ireland and USA, where English common law is retained as a body of law.

 

In Ireland, evidence that English common law rights are retained can be found in the Statute Revision Act (2007) which retained Magna Carta and most of the English Bill of Rights (1688) and much, much more. http://www.irishstatutebook.ie/eli/2007/act/28/enacted/en/html

 

In USA, English common law rights are retained by the 9th Amendment of the Constitution "The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.", hence why US courts refer to them.

Law that provides rights sit above normal laws in English law and provide lawful excuse to statutory obligations with this acknowledged by courts. see Art.29 Magna Carta (1297), which states: "we will not deny or defer to any man either Justice or Right." 

https://www.legislation.gov.uk/aep/Edw1cc1929/25/9/section/XXIX

 

Another case to read is Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 regarding Doctor's obligation to provide information to inform consent.

 

https://www.bailii.org/ew/cases/EWCA/Civ/2017/62.html

 

Covid passports also recognise self certified free and informed consent.

"If you have a medical reason which means you cannot be vaccinated or tested, you may be asked to self-declare this medical exemption."

 

Also see Art.IV Acts of Union (1706-7) "That all the Subjects of the UK of GB shall from & after the Union have full freedom & Intercourse of Trade & Navigation to & from any port or place within the said UK & the Dominions"

https://www.legislation.gov.uk/aep/Ann/6/11/part/4

 

For our friends in New Zealand, you also have these common law rights, but additionally, Art.11 of your 1990 Bill of Rights states:

"Everyone has the right to refuse to undergo any medical treatment." https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

 

  • Thanks 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...