Discrimination at work (long story)

anonymous27

Hi guys,

New member so please bear with me this is a long story.

About 4 weeks ago I was called up by the head of the company to ask me to come to a meeting to discuss something 'potentially serious' the next morning at an investigatory meeting.

I went to see him and he accused me of having outside business interests which is against company policy. He also accused me of going on a gardening website and forum and making 'unprofessional comments'. Therefore he said these two issues could amount to gross misconduct and gave me my chance to explain. I told him that I did not have outside business interests (selling a second home I have owned for 4 years but never let out, it was a holiday home) but he refused to believe me and decided to take the matter to disciplinary. Now, our policy is that he can't do this only my boss can, not my boss' boss but he still instigated everything.

Now, he broke protocol by not having a member of HR present at the meeting which our company policy says he should. He also discriminated against me by describing my thoughts as disgusting and he knows for a fact that a girl in the company has outside business interests (She works in a bar in the evenings) but yet he has not disciplined her for this despite me proving to HR this was the case.

I went to the disciplinary and proved how long i'd owned my holiday home for and told HR that my comments were outside of work and had nothing to do with work. My username was flowerpower and I never mentioned my name, my employer or any of the staff I worked with. The only way he found this gardening forum was because he googled me one day!!!! He has admitted this and I had had no complaints from other staff members or anyone else and I am the top performing best accountant in my large firm with a 100% track record and 100% everything.

I got a verbal warning at the disciplinary. I am appealing this as it is unfair.

I also tried to raise a grievance against him for treating me differently and harrassing/victimising me. But HR have refused.

I have spoken to solicitors and they say I don't have a case to answer and that they shouldn't be doing this to me and that it is clear bullying especially as he chose not to have HR present at the HR meeting and the minutes were wrong which I have disputed.

I will happily take him and the company to an employment tribunal and pay for it myself, but I have some questions please:

1. Can they refuse to not hear a grievance with the excuse that 'it is to do with the disciplinary so we won't raise a grievance'?

2.Is there anything else I should do?

There have been a million other things/reasons they have broken protocol such as he knows other members of his team do things wrong and he has accused me of racism despite my girlfriend being black and my best friend asian and he has accused me of homophobia despite my ex boss who is gay giving me a 100% reference and I have numerous witness statements. He has accused me of sexism despite me having witness statements i'm not. Essentially I am having all the mud thrown at me but i'm 100% innocent with a 100% track record and there is no evidence to back up his slurs.

I believe my boss could be attracted to me although i'm male but much younger, I am also better and more qualified at my job than him and I believe they just want me 'out' of the company. I have never had a day off sick, never done anything to offend anyone and never done anything to harm anyone and always go out of my way to work hard.

I'm distraught here as HR are not helping and I think the only option may be to resign and go to the papers and take them to a tribunal for discrimination, bullying and constructive dismissal.

I am in a relatively high paid £50k role as an accountant in a big accountancy firm and do not appreciate him sabotaging my career.

I have lots and lots of more 'bits and pieces' of information that back up my case.

Many thanks

MrRedundant

As always with long story threads it isn't. Its a short story with lots of irrelevant comments.

The upshot is your company took you too discliplinary for two reasons for which you where given a verbal warning.

You dispute the decision - Did you appeal?

Secondly you think HR procedures where ignored. This would have been part of the appeal.

Finally another issue is you think you are being bullied by a manager. You could raise a grievance for this but would it work? I doubt it as the evidence wont exist.

I am afraid If I was you I would put up with it whilst looking for another job as all you will do by going down a grievance procedure is make your position as worse and I am sure in such a senior position you realise you will get a reputation and severely damage your career.

Googlewhacker

Does your contract really say you are not allowed outside interests? Or just that you are not allowed to participate in outside activities during work time?

anonymous27

I am appealing - the appeal is next week.

HR procedures were ignored and I will run through this in the appeal.

I am being bullied by a manager, I have proof of this (Witness statements and proof he is treating me differently and proof he thinks i'm homophobic, racist, sexist and so on via his own minutes that he drafted during the 'investigatory' meeting).

I have tried to raise a grievance but HR will not accept me raising a grievance as they say it is all 'part of the appeal'.

I understand I may get a reputation but this is why he has tried to walk all over me expecting me just to resign and I will not allow this to happen - I will fight this all the way.

Thanks so far.

anonymous27

contract says 'no outside business interests' but I have been told by lawyers that that's unenforceable if it doesn't interfere with work. I clearly have no outside interests but yet my boss tried to discipline me over this. Yet, the funny thing is he KNOWS for a fact that other people do have outside interests. For example, he drinks in the pub/restaurant where a female colleague of mine works and he has done NOTHING to her!!

MrsManda

anonymous27 wrote: »

contract says 'no outside business interests'. For example, he drinks in the pub/restaurant where a female colleague of mine works and he has done NOTHING to her!!

Sorry I don't know enough about employment law to comment on your queries but I'm pretty sure that even if 'no outside business interests' was an enforceable clause, I wouldn't have thought working in a bar was relevant unless she has a share in the business.

MrRedundant

anonymous27 wrote: »

I am appealing - the appeal is next week.

HR procedures were ignored and I will run through this in the appeal.

I am being bullied by a manager, I have proof of this (Witness statements and proof he is treating me differently and proof he thinks i'm homophobic, racist, sexist and so on via his own minutes that he drafted during the 'investigatory' meeting).

I have tried to raise a grievance but HR will not accept me raising a grievance as they say it is all 'part of the appeal'.

I understand I may get a reputation but this is why he has tried to walk all over me expecting me just to resign and I will not allow this to happen - I will fight this all the way.

Thanks so far.

I agree with HR.
If the comments are part of the discliplinary they should complete that and then if you arent happy deal with it seperately.

I dont think you have evidence you arent homophobic etc as its not really provable. Just because your gay or asian friend says you arent isn't evidence. I would stress be very careful as an appeal can change a decision against you too.

Re the interests. I think its reasonable not to want a senior accountant to do so as it will be hard to differentiate between your competence and the company if anything goes wrong. Its not unenforcable to ban employees from working outwith your contract if it has sound reasonable reasons.

anonymous27

true, but isn't the fact that he is accusing me of being homophobic but with no evidence a deeply rude, insulting, upsetting and disturbing thing to accuse me of? He was using this as a reason to try and get rid of me for gross misconduct with NO EVIDENCE!!

They were gunning for gross misconduct but only because of the masses of evidence I have against them and the company they gave me a verbal warning.

anonymous27

mrsmanda - the no outside business interests clause includes - must not receive any other form of remuneration. Working in a bar provides another form of remuneration.

MrRedundant

I would suggest that working in a bar is not similar to selling houses etc (which is what they think you did). I can see why they would be concerned with the latter one but not the former and choose to take action. Think of reasons like money laundering along with the risk of the company name being damaged. Unless the bar is a well known brothel I dont see how it could be damaging.

anonymous27

it was one house (a holiday home i've owned for 4 years!) and surely working in a bar is just as guilty in the terms of the contract 'must not receive outside remuneration'. We'll have to agree to disagree on this one mrredundant