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A councillor who claimed she was the victim of discrimination after the SNP removed her from a list of approved MSP candidates has had her action rejected by an employment tribunal after it was deemed that her claim lacked jurisdiction.
Yen Hongmei Jin claimed that her name was removed from a list of potential MSP candidates without any explanation. However, the SNP claim that she was placed on the list by accident and denied the claims from Miss Jim who stated that her efforts to stand at Holyrood and Westminster were scuppered by party officials because she is ethnically Chinese.
The political party also denied allegations that Miss Jin was sent hate mail. However, Yen Hongmei Jin has stated that she fully intends to challenge the ruling.
It was deemed that there was a lack of jurisdiction as while it was argued by the representation for Miss Jin that it was the equivalent of being removed from a qualifications board, the representation for the SNP claimed that such a case could not be made as politics was about popularity.
This argument was accepted by tribunal judge Peter Wallington QC, who ruled the claim lacked jurisdiction, recognising the distinction between qualification and candidacy lists.
Speaking of the decision to dismiss the campaign Ms Hongmei Jin said: “I feel the route to justice is blocked” and expressed concern that there was no adjournment, preventing evidence on jurisdiction being included.
She added: “I feel they should have considered a second hearing so at least we could better prepare.
“This is now a public interest case and I will start a campaign. I need to get my case heard.
“We are only at the start. There is evidence that still needs to be heard and questions that still remain to be answered.”
If you have been discriminated against, either due to your religion, ethnicity, age or gender, you could be entitled to take legal action. Sadly, many people are discriminated against in their workplace and mistreated or harassed due to their differences.
At Employment Law Edinburgh, we believe that if you have been discriminated against in the workplace, overlooked for a promotion or mistreated due to gender, race or any other discriminatory matter, you should be able to hold those responsible to account.
As seen from the case highlighted above, alleged discrimination can take many forms. However, proving that you were the victim of discrimination is not easily done and a strong legal team can make a difference. When taking legal action, or attending an employment trbunal, it is important to have as much evidence as possible, such as email chains, to support your claim to prove that you were indeed the victim of discrimination.
If you have been the victim of discrimination in the workplace as a result of your gender, age, or race, or if you have suffered from harassment, contact our team of expert employment lawyers today to find out how you can get the compensation you deserve.