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My sous chef at work said In front of some of my other colleagues that he thinks I have an issue with him because his...

Hi my sous chef at...
Hi my sous chef at work said In front of some of my other colleagues that he thinks I have an issue with him because his portuguese however I have never said anything about his nationality or the colour of his skin and when I took this issue to my managers they didn't really do much about it they made excuses for him saying he has a lot of problems back home and that it's not a big deal and that I should let it go, but how can I when all the colleagues working that day heard him say it, I said to him why did u say that when I haven't said anything racist to you and his reply was the other day you ignored me, and the managers just accepted that as a decent excuse, and he never apologised or anything the managers even told me I shouldn't expect an apology but I feel my reputation is know hurt and I would like some advice about what I should do next
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Answered in 3 minutes by:
6/3/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,147
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What do you actually wish to achieve in this situation?

Customer: I just want my managers to realise the seriousness of this situation I feel that they should of dealt with it more seriously
Customer: And I want all the colleges to know the truth that he said for no good reason
Ben Jones :

Whilst you can certainly raise the issue with the employers, you cannot force them to take any specific action, which you believe is appropriate in the circumstances. Unless you have already done so, you are able to raise a formal grievance. This would prompt the employer to formally investigate the issues and decide on what, if any action, needs to be taken., This could range from taking no further action to dismissal. In between you have verbal and written warnings. However, it is the employer that decides what is most appropriate in this case. If you are unhappy with the outcome you can appeal it, but if the appeal also fails then you will have limited options. Generally you would next be looking at resigning and claiming constructive dismissal but that is a last resort really and it can also be risky and difficult to win. So use the grievance procedure as necessary and then seriously consider your options if you need to take the matter any further

Customer: Ok so how would I appeal against it who would I have to speak to?
Ben Jones :

this is done through the employer, you should be told once the decision comes how to appeal it if necessary. Normally it is by sending your appeal to the employer and then a new manager would look at it

Customer: Ok they never told me anything about appealing it they literally just told me to let it go then sent me back to work
Ben Jones :

Well that is maybe because you did not actually raise a formal grievance, did you?

Customer: we did all have a major meeting about it but nobody explained anything to. Me properly ok I speak to my. Manger at work again thank you
Ben Jones :

yes best to do so - tell them you want to raise a formal grievance about this and that they should follow a formal grievance procedure

Customer: ok thank you for your help
Ben Jones :

you are most welcome, all the best

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,147
Experience: Qualified Employment Solicitor
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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).

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