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Whenever i go into work i get called names. I have a disability and the names i am called are to do with my disability. The people that do it will deny it and those that are present would not admit to witnessing any name calling. I've had a problem at work for a couple of years now and have recently came back after suffering from work stress and depression. I thought i was moving forward again but this name calling is getting me down.

It dosent happen very often through the day usually just first thing.

I am currently in the tribunal process (date set) for other bad treatment at work and DDA breaches and by comparison the name calling is nothing but nevertheless it is bothering me to the point where it feels like the icing on the cake and that coupled with everything else makes me feel like walking away.

Any advice please?

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mini voice recorder.

 

provides definate proof.

 

and dont tell people your recording,


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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mini voice recorder.

 

provides definate proof.

 

and dont tell people your recording,

 

Provides definite inadmissable proof which wouldn't allow for any formal disciplinary proceedings to be taken against the guilty party. Plus going around recording colleagues without consent would likely constitute gross misconduct so I wouldn't recommend doing this.

 

Although you say they'd only deny it, have you at least tried to raise a grievance about the name calling, or detailed it in the other bad treatment you've reported? Is there a colleague you could confide in who could maybe get in earshot at the times it most often happens?

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Are you sure that it would be gross misconduct to record a conversation Flipper79?

 

The RIPA 2000 act makes it illegal to covertly record *phone*

conversations without the knowledge of the two people being listened

to. However, the former Met police officer Blair did it and he was not prosecuted as a result.

 

I understand that there are no acts which prohibit recordings in a public or even private place.

 

Furthermore, there was a post some months back where a chap (well I assumed it was a chap) at work was in a similar situation and he recorded the racist comments of his colleagues without any comeback.

 

Quite frankly, if you have that kind of data, you have the employer in an armlock.

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RIPA concerns the obligations of public bodies, not private indviduals.

 

 

Are you sure that it would be gross misconduct to record a conversation Flipper79?

 

The RIPA 2000 act makes it illegal to covertly record *phone*

conversations without the knowledge of the two people being listened

to. However, the former Met police officer Blair did it and he was not prosecuted as a result.

 

I understand that there are no acts which prohibit recordings in a public or even private place.

 

Furthermore, there was a post some months back where a chap (well I assumed it was a chap) at work was in a similar situation and he recorded the racist comments of his colleagues without any comeback.

 

Quite frankly, if you have that kind of data, you have the employer in an armlock.

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Provides definite inadmissable proof which wouldn't allow for any formal disciplinary proceedings to be taken against the guilty party.

The transcript would be admissible though and the judge could, if he so wishes, order the recording itself to be submitted to prove the accuracy of the transcript

Plus going around recording colleagues without consent would likely constitute gross misconduct so I wouldn't recommend doing this.

I disagree. Recording colleagues without consent and without good reason could be a disciplinary, but gross misconduct? I think you might have a hard time convincing a tribunal of that

 

Having said that, I agree with the rest of your advice

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Okay, here is another perspective.

 

From what I have read, some of the employees may be committing a criminal offence.

 

I'd suggest they could be commiting offences under the Protection from Harassment Act and possibly section 4a of the Public Order Act.

 

I don't know whether the Police would crime this for you. It sounds like a 'hate crime' to me. The Police are obliged to record any such crimes. A hate crime will receive greater priority. If you decided to report this, you may have to speak to an Inspector if a PC refuses. Ask them about their guidelines from the Home Office so far as hate crime is concerned and threaten to make an offical complaint.

I think you will be surprised at the response you get, but you may upset them as you will be 'rattling their cage' somewhat.

 

 

My force had the following definition of a hate crime:-

"Any incident, which constitutes a criminal offence, which is perceived by the victim or any other person as being motivated by prejudice or hate."

 

The Police *may* be able to use your own evidence if you had it (secret recordings), so long at they have not prompted you to collect it. I don't think they would need a RIPA for that.

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