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Race Discrimination


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Hi everyone,

 

I have been going through an awful time at work. It all started when my line manager started putting in people in with me who had performance problems and eventually I was in a team with 2 others and then my line manger created a new structure with me in the team with the other two and them two getting roles outside the team, but not me. Both of them are white and I am asian, one of the two is someone I mentored and have more experience than and more academically qualified. I tried to leave this team earlier and my line manager was aware of this and she sent me an email to pre-empt this, admitting that I work with someone who does not pull their weight or earn their salary - referring to the person that I mentored, I have more experience than and more academically qualified. My line manager said they give me their word they will make them pull their weight after just giving them a career ehancing opportunity - this guy just hides and this had been going on for over 2 years. I have filed a grievance on this and other incidents. I was off with work related stress and on my first day back at work my line manager accused me of verbal abuse after she asked me what i thought of her, there had been the excessive flattery that she gave me so I would have a positive opnion at my return to work meeting, but I stated that i thought she was a very manipulative person and she said I called her a manipulative bitch - this was communicated to personnel and i got a warning communicated via my union rep. This I believe is victimisation as there were no witnesses and she asked me specifically what I thought of her. I did state before I went off sick that I felt I had been harassed and discriminated on my race and of course there was an informal meeting where some sycophantic HR manager dismissed my claims as me being frustrated.

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If I'm honest, I can't see anything there that could be directly described as racial discrimination. It just seems like an assumption because the other members of the team are white. That's not to say you're not being picked on because of your race, just that I can't see you've provided any evidence of this. Has anything else happened that's led you to believe you're being victimised because of your race?

 

Also, I'm pretty sure it's not a great idea to tell your boss directly that she's manipulative. With or without the word bitch accompanying it, it's an aggresive description to use, and one that I personally think could justify disciplinary action. It could have been phrased differently, and far more constructively. However, it does seem somewhat unfair that you've recieved any kind of warning for it without any chance to put your side of the story across. It's also worth pointing out the HR manager certainly shouldn't be dismissing such serious claims which could form the basis of another grievance, although you'd still want to include examples that could be considered racial discrimination to back up the claim that it should be taken seriously.

 

What was the outcome of the grievance? And are you being punished in any way for the other team members poor performance? You haven't really said, as far as I can see, what the affect has been from the other 2 performing poorly. If you could maybe expand on what's directly effecting you then hopefully other members or myself might be able to give some constructive advice.

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My line manager asked me specifically what I thought of her - literally I said I think you are the most nepotistic and manipulative person I have ever met in my life. I gave a frank and honest answer. I was asked what I thought of her and did not use the word bitch is what she has claimed. I am sorry, but if you are asked specifically to give an opinion you have to take it on the chin even if you do not like it. There are 19 incidents in my grievance, this manager has had numerous grievances, bullying, race discrimination etc. But nothing is ever done about this manager.

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I completely agree that you shouldn't ask for someones opinion if you may take offense at what they say...but at the same time, in the real world she doesn't 'have to take it on the chin,' she can make a complaint which is exactly what she has done.

 

Did you have a meeting after the grievance was filed? If they haven't arranged a meeting within 28 days they would be in breach of employment law. You say that she's had numerous grievances filed against her, I presume from various different staff. If that's the case it may well be more effective to make a joint grievance, collating all the evidence and each staff members experience of bullying. This would make it far more difficult for the employer to dismiss the claims as the outcome of the grievance meeting would have to be explained in writing to each member of staff that signed the grievance.

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She can complain, but to make an allegation that I verbally abused is wrong and can be construed as Victimisation as I did state in an email after the informal meeting that was being discrimanted on the grounds of my race. There was of course no witnesses to this, whilst I have 3 witnesses to the way I have been treated as well as formal documents & emails which show favourable treatment and me being treated differently - especially in the application of the flexible working policy which has a clocking in system. I am made to work under this, while my comparator who is not, even though we have the same roles - they have justified this on the grounds that I moved offices, even though my role is the same and my contract terms states I have to work only occassional evenings or weekends. I am now being monitored and being made accountable for my hours whilst my comparator can come and go as he likes. The flexible working policy was discussed when I was sharing an office with this guy and I had no problem with it, being monitored as it was being applied equally and my line manager did not implement it , even though I agreed as this guy does not do his full hours and did not want to make up his hours so my line manager did not want that to be picked up by the clocking in system - I have the emails proving this of course. My line manager has singled me out for this to humiliate me and demean me by clocking in and out work. I know that when an etnic complains of unfair treatment and race discrimination this forum is very dismissive - alot of people need to wake up and smell the coffee...it takes place by very manipulative and devious people. I am an Union rep on Equality and I have no problem when policies are applied fairly, equally and transparently.

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Trust me when I say I'm not naive when it comes to racism in the work place, I've seen it first hand from people I'd least likely expect it from. And I've also seen how dismissive people can be on these forums with all the 'race card' comments. But at the same time from your first post it seemed more like your interpretation of the situation rather than you having hard evidence you were being racially discriminated against. I don't want to give you bad advice based on interpretation rather than evidence because that may just exacerbate the problem.

 

I'd very much suggest doing what I've already suggested and compile a list of grievances in one from all those you say have had problems that have been left unresolved. In your other thread you say that your employers are quite happy to browbeat the staff and just settle when anything goes as far as an employment tribunal (although why they would do this is beyond me since it makes very little financial sense for what appears to be easily resolvable disputes). Raising it like this will make it so much harder for them to ignore and will show unity amongst the staff in forcably getting a resolution.

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