Unfair Dismissal on Racist Grounds?

Badger_Lady

Valli wrote: »

How do you KNOW he has been involved in her selction for redundancy - was anyone else involved, did he override their suggestions.
Do you have any proof of his involvment and the level of it?
Do have have PROOF that he posted offensive remarks?
(Time to collect statements, sworn and signed, from colleagues perhaps)
Any other examples of racism on his behalf (or indeed from anyone else in the company)?
Is SHE the only person identified/selected for redundancy - if there are others are they English/British or not?

She asked in the teleconference "who made this decision?" and the official answer came back "the leadership team here". However, throughout the conversation about selection, the HR manager said, "CEO felt that your skill set... ", "When CEO looked at the role..." and so on, so it's very clear who the 'leadership team' really is.

As mentioned, we have the screenshot of comments on a social network and also willing witnesses to verbal attacks.

And the other people selected for redundancy are from Eastern Europe and Asia - not the same country as this friend. But they are in a different division doing different roles in a different division so surely their selection can't be related..?

I feel I should add that I'm also friendly with the other four and have been offering my support to them equally. However, other than ensuring their full redundancy entitlement is issued, I don't think any of them have recourse. One is pregnant but hadn't told anyone... another one thinks I should have been selected instead of her (she doesn't want her job back now but is very bitter about the selection), and another is screaming sexism because all those selected are female and, with me leaving, the team will be almost exclusively male.

Voyager2002

I agree that your friend needs at least a meeting with a solicitor who specialises in employment law.

Someone suggested CAB: a better option for free advice would be ACAS.

Emmzi

Voyager2002 wrote: »

I agree that your friend needs at least a meeting with a solicitor who specialises in employment law.

Someone suggested CAB: a better option for free advice would be ACAS.

ACAS are essentially a call centre at the front end with people who try hard but don't have the experience or training for complex queries. If you check the employment board there are many examples of their advice just being wrong.

Voyager2002

Emmzi wrote: »

ACAS are essentially a call centre at the front end with people who try hard but don't have the experience or training for complex queries. If you check the employment board there are many examples of their advice just being wrong.

I'm glad you pointed this out.

alleycat`

My Ultimate question is this:-

What does she hope to achieve by proving it is racially motivated?
More money?
Keep the job with this man still (probably) in charge?
Other?

I suspect asking for a little bit more and a good reference might be a better way to go with this.

If it is a fight of principal and everything believed is true then take the sod down but in some of these cases, even if she wins, she might very well also lose.

Badger_Lady

Yes - I think she really just wants to leave with as much as she can, and I don't think anyone can blame her for that.

It's also important to her to remain dignified about things and to avoid a 'reputation' in the business. In that respect it's probably to her advantage that the employer isn't UK-based. No-one in our office would hold ill feeling towards her, and she could ask her 'new boss' (who feels really guilty about taking her job) to give the reference.

Justin_Scotland

Badger_Lady wrote: »

- She will also be recieving 2 weeks pay as a compromise agreement, and will be funded £250 to have it signed by an employment lawyer.

The £250 for solicitor fee's is for Legal Advice which is a legal requirement for the employer to offer. It is not to have the compromise agreement signed by the solicitor.

Please get your friend to get legal employment solicitor advice on this matter. The more information that she can take with her the better to explain the history. Also if she has any redundancy insurance cover she needs to be very careful that it also pays out in the case of a compromise agreement as it may need rewording of the compromise agreement to ensure that it makes clear that it is in relation to forced redundancy.

I've known people to continue attending their place of work after being offered a compromise agreement and managing to extend their period of payment by another 3-4 weeks whilst legal negotiations took place.

Companies (especially small companies) are often lax in ensuring they have received correct legal advice before undertaking these types of activities so it can give a number of avenues for the employee to fight their corner. Most times however the employee assumes the company must know best and gives in all too early.

The employment solicitor should be able to cover all of this with your friend.

agrinnall

Just because the company doesn't have an agreement on collective bargaining with a union does not mean that individuals cannot belong to one - in fact I believe that there is an absolute right for UK employees to belong to one even if the employer is a US union basher (there may be a few minor exceptions, although I think the ban on unions on GCHQ has been lifted). It's probably too late for your friend now but it's not for you and your colleagues (although I assume from your posts in other sections that you won't be there much longer anyway).

Badger_Lady

Justin_Scotland wrote: »

The £250 for solicitor fee's is for Legal Advice which is a legal requirement for the employer to offer. It is not to have the compromise agreement signed by the solicitor.

Yes, I believed that to be the case... my phrasing above mimics what the employer told her in the teleconference.

Justin_Scotland wrote: »

I've known people to continue attending their place of work after being offered a compromise agreement and managing to extend their period of payment by another 3-4 weeks whilst legal negotiations took place.

Is this a possibility here? I felt that her employment should not be terminated until she agreed to the compromise... but they have served her one month's notice before (or at the same time as) sending the agreement..? What's her best way to play for time?

SarEl

agrinnall wrote: »

Just because the company doesn't have an agreement on collective bargaining with a union does not mean that individuals cannot belong to one - in fact I believe that there is an absolute right for UK employees to belong to one especially if the employer is a US union basher (there may be a few minor exceptions, although I think the ban on unions on GCHQ has been lifted). It's probably too late for your friend now but it's not for you and your colleagues (although I assume from your posts in other sections that you won't be there much longer anyway).

Just a minor correction