Login|Contact Us
Question and Answer

UK Employment Law

Ask an UK Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I am being discriminated against in my work place. I gave in

 
Ben Jones's Avatar
  • Answered by:Ben Jones
  • Solicitor
  • Positive Feedback: 98.2 %
  • Accepted Answers: 7176
Verified Expert
in UK Employment Law

Recent Feedback

Positive
Goodadvice given, prompt response
Positive
Great service, put me at ease.
Positive
A very quick response and detailed answer - thanks.
Positive
So far I'm very happy with the service but I can't yet fully rate it as I have...
Positive
Thank you for prompt response. Very good service
Positive
Type your review here...
Positive
Good honest information
Positive
Brilliant service, I will use again. I sourced some info but wanted it...
Positive
Hello Ben - this is exactly what I needed to understand. I am very grateful for...
Positive
Very helpful. Thank you.

Customer Question

I am being discriminated against in my work place. I gave in a letter of complaint to the owner, cc the manager and the HR person on 14th june. to date nothing seems to be getting sorted. what can I do that wont cost me my job.

 

Optional Information:
Province/Country relating to question: Belfast Northern Ireland

Already Tried:
I put in writting what the complaint was and who it was in relation to. HR has called me in and said they havent forgot about me but the owner and manager are on two weeks holiday. that was four weeks ago. I dont know why the other person is discriminating against me as she wont say. the HR person asked me what I want to see happen with this but surely that isnt down to me.

Submitted: 254 days and 16 hours ago.
Category: UK Employment Law
Value: £22
Status: CLOSED

Accepted Answer

Picture
Expert:  Ben Jones replied 254 days and 16 hours ago.


Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know what is the reason for you being discriminated?

Customer :

I work in a shoe shop. I am in the childrens department bur have been told by management that if it gets busy in the ladies department anyone working in childrens is to go over and help serve. one person in the ladies department refuses to let me serve. she has taken a shoe off me infront of the customer and said she will get it. recently she approched the customer I was serving and said I shouldn't be serving as I was from the childrens and she was free to serve. the customer laughed when she left. I reported this to the owner as I didn't agree with what she had done infront of customers. the person in question doesnt seem to have any problem with any of the other six ladies I work with in childrens serving in ladies, just me. She wont give me a reason as to why. when I reported her for the incident her first remark to me was 'you bitch'.

Ben Jones :

how long have you worked there for?

Customer :

two years and three months

Ben Jones :

This is not discrimination because that will only occur if you are being picked on because of a protected characteristic, such as age, gender, race, religion, etc. However, it may amount to bullying instead. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual.

Under law, specifically the Health and Safety at Work etc Act 1974, an employer has a duty to ensure the health, safety and welfare of its employees. That includes preventing bullying behaviour occurring in the workplace and to effectively deal with any complaints that have arisen as a result of bullying.

In terms of what an employee can do to try and deal with this, the following steps are recommended:

  1. First of all, the employee should try and resolve the issue informally with the person responsible for the bullying. However, that will often not be possible as the relationship with that person may have already broken down or the person that is being bullied feels uncomfortable or intimidated about doing it.
  2. If informal resolution does not work or it is not a viable option, the employee should consider raising a formal grievance with the employer by following the company's grievance policy. If the complaint is about the employee’s line manager then the grievance should be raised with the person above them.
  3. If a grievance has been raised and the employer fails to take any action or the action they take is inappropriate in the circumstances and the bullying continues, it would be appropriate to seriously consider the next steps. Unfortunately, employment law does not allow employees to make a direct claim about bullying. As such, the most common way of pursuing bullying issues is by resigning first and then submitting a claim for constructive dismissal in an employment tribunal (subject to having at least 1 year's continuous service with the employer). The reason for resigning would be to claim that by failing to act appropriately, the employer has breached the implied contractual term of mutual trust and confidence and that there was no other option but to resign. However, that is not an easy claim to win and there has to be a reasonable degree of certainty that continuing to work for the employer in the circumstances is no longer possible.

In general, try and gather as much evidence as possible before considering making a formal complaint and certainly before going down the legal route. As bullying often takes verbal form, the best idea is to keep a detailed diary of all bullying occasions so that there is at least some evidence in written form that the employer and/or the tribunal can refer to.

If the bullying behaviour is serious enough and has occurred on at least two occasions, it may also amount to harassment, which can be a criminal matter, although it can also be pursued as a civil matter. However, it is advisable to try and stick to one claim only so if constructive dismissal is being pursued then concentrate on that.

Customer :

I had been to my manager and treid to deal with this informally earlier in the year. She was told infront of myself and my supervisor that anyone including me was free to serve in ladies if they are busy, she added only if I ask her to. I dont know why she wont accept the managers request so I dont know if it is religious or not. I am the only roman catholic working in a protestant workforce and area. This may be simply a coinsidence but I handed my letter of complaint in on Thursday afernoon and someone put in a call to the NSPCC on Thursday night and made false claims of child abuse by me on my children, a comment was also made that I am agressive to my co workers. If this was in the interest of child safety why would they say about my co workers. I was investigated and the claims were proven false.

Ben Jones :

if there is a religious aspect to this then it would potentially be discrimination but proving this in the absence of any evidence would be difficult. Apart from that your rights are really as discussed above, there is no easy way of dealing with this unfortunately

Customer :

Thank you for your time and help, Rose

Ben Jones :

My pleasure. Unless you need further help, I would be grateful if you could please quickly click to rate the service I have provided you with before leaving and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 98.2 %
Accepts: 7176
Answered: 8/2/2012

Experience: Expert in UK Employment Law

Ask this Expert a Question >
Picture
Expert:  Ben Jones replied 254 days and 15 hours ago.

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

 
Tweet

Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your UK Employment Law Question Here...
characters left:

Top UK Employment Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
80 Solicitors are Online Now
Type Your UK Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC