UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is there anyone above that boss?
Every employee has the legal right to raise a complaint with their employer if they believe they have been treated unfairly or have any other reasons to complain. They can either do this informally, or raise a formal grievance. If the latter option is pursued the employer would be expected to formally investigate the complaints before deciding on the most appropriate way to deal with them. If her boss is the most senior person there she would still be expected to raise this with them, even if the complaint is about them.
One potential issue here is her length of service with this employer. If she has been continuously employed at her place of work for less than 2 years then her employment rights will be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her for more or less any reason, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. Similarly she may be forced to resign without being able to bring in a claim.
However, as mentioned one of the potentially discriminatory reasons is due to race, which also includes nationality. So if she is being treated less favourably than other nationalities and being singled out, she can have a potential claim for race discrimination. No minimum service is required for this and any claim must be made within 3 months of the last occurrence in a series of discriminatory acts.
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).