UK Employment Law
UK Employment Law Questions Answered by Verified Experts
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.
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