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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44894
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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What an agency worker /after 6 months/ can do being unfairly

Customer Question

What an agency worker /after 6 months/ can do being unfairly dismissed from work because of falsely accusation of racism comments?
Submitted: 7 days ago.
Category: UK Employment Law
Expert:  Ben Jones replied 7 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 days ago.

Please can you provide some more information on the nature of the accusations?

Customer: replied 7 days ago.
I do not know who accused me and in what situation it happened. The agency informed me that I made racist comment and that I said 'gorilla'
Expert:  Ben Jones replied 7 days ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 7 days ago.
I have some sure information that there is a woman at work who could reported me, she is black. She was shouting at us at work like' talk in English, don't talk in your languages and she named gorilla somebody else before
Customer: replied 7 days ago.
People are scared at work to talk if something wrong is going like in most of jobs
Customer: replied 7 days ago.
I lost work and this makes me feel so bad. I was good at it, worked hard.
Customer: replied 7 days ago.
I do not know what else can be important in that matter. My team leader in last 10 minutes before finishing work, told me that I will not work longer in this company. He didnt want to tell me why cos he wasn't allowed but he just mentioned one word:racism, and after it he said that agency will speak to me.
Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience. The issue here is that as an agency worker you are not protected against unfair dismissal, which means that the employer or agency can dismiss you for more or less any reason and without following a fair procedure. Even if you were an employee you would not have been protected because you need to have 2 years service to be protected against unfair dismissal.

This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity 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.

Now you may think that being accused of racism means that you are being dismissed due to a discriminatory reason but that is not necessarily the case. It would only apply if YOU are the one being dismissed because of YOUR race or religion. So for example if the employer did not like the fact that you were Polish for example then that would be discrimination. It is however not discrimination if the employer thinks you have made a racist comment when you have not.

So it is because you are an agency worker and you were not likely to be discriminated that you cannot challenge this here.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 6 days ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 5 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 3 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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