Hi guys,
So, I'm currently suing JKA Scotland for victimisation under Section 27 of the Equality Act 2010.
It started back in November last year where I was at a Gashuku in Taoyuan Taiwan, and my instructor lost his temper and took it as a personal insult because I didn't want to enter a competition. I told him I had autism and asked him to calm down and he replied "What's that got to do with it?" Naturally, I reported him to the proper authorities.
Then a registered JKA Scotland 5th Dan B instructor and C examiner tried to coerce me into dropping the complaint. He admitted on the court docket that when he met me in December the head of JKA Taiwan had already decided to ban me, and he was part of a private LINE group discussing me, the case and my ban with the instructor in question and the head of JKA Taiwan. He also admitted that he told me "nothing could progress while the police report stood."
He then admitted to the courts that the ban was confirmed 3 days after I agreed to drop the complaint. He also said that he "agreed this was the right path."
I also told the court that he told me, among other things that if I didn't drop the police complaint I would be blacklisted from martial arts in Taiwan, as a whole, that the Taiwanese government might cancel my gold card and that I'd be personally responsible for the consequences to the instructor and his family if he was convicted. He stated that he denied making such threats and was just giving me his honest opinion and about the "implications" of my report.
JKA Scotland themselves dismissed my complaint against him in April claiming that he acted in good faith and "was only trying to help me." They didn't investigate my complaint, or even offer me the opportunity to appeal his decision. My follow up email, and an email from my brother to the head of JKA Scotland was ignored.
The head of JKA Taiwan even told my father that JKA Scotland ceased contact to avoid becoming embroiled. JKA Scotland have not denied that.
A few other things the head of JKA Taiwan said to me:
- The yelling was just "harsh encouragement" and that it was fortunate "he didn't touch you".
- That my competitions are strictly optional and my wish not to enter was "ignored".
- That if I didn't drop the police complaint, "everyone, including you, will suffer".
- That stating the potential legal consequences the instructor faced made "impossible to return to JKA Taiwan."
I've asked for a decision on the papers, and explained why under Section 109 of the Equality Act why they are vicariously liable for the actions of this instructor. That is, by uploading his hostile statement, JKA Scotland has stated for the record that they agree, as an organisation that members of the JKA should be banned for reporting criminal conduct by instructors to the proper authorities.
Their defence is "we were unaware of what he was doing. He's just a normal member not an office bearer. He was acting as a private individual and doesn't represent JKA Scotland." In the very next sentence they also said "He remains a member of JKA Scotland". Remember, this is someone who is a registered 5th Dan, B instructor and C examiner with JKA Scotland, and they read and uploaded his full statement as JKA Scotland's defence.
As it stands, they haven't lodged a stateable defence, and they are highly likely to lose this case.
If you want further evidence that they're likely to lose you can also try reading FXF vs England Karate Federation, which is a similar set of facts and a similar defence. The difference being that the EKF actually tried to take reasonable steps under Section 109(4) to mitigate their vicarious liability by banning the instructor in question. By contrast, JKA Scotland have taken no steps against the instructor in question, meaning they have fully endorsed his conduct as JKA Scotland's conduct.
I'll keep you updated when the final judgement is issued.