ET advice

CheekyMonkey22

I personally found his comments quite amusing, to the extent I laughed out loud! Wish I was that imaginative most of the time.. Granted there is a time and place for everything, team members - fine, MD - not so fine. Any photo's of the stick men available? Just to see the artistic interpretation, of course.

I think people getting all wound should "have a word with themselves". If the person who the comments were aimed at isn't bothered, the aggrieved person should have just taken it the the context it was meant.

Terribly suspicious timing however.

Emmzi

you're homophobic and getting nowt.

DIN786

Theaggrieved person was not happy even after I was told by a line manager thatsomeone was offended. I had tippexed out the offensive parts at that point andapologised to the line manager and the aggrieved person was still not happy andwrote an email to all the directors elaborating on what I had said he stated “thankgod we are getting rid of all the gays” and also stated in the email that I am “farremoved from all the companies values and policies” which I found offensive especiallyas he no proof as well as being offended that he implied I am thanking my god wewere getting rid of the gays when I would never thank my god or pray to my godn that way as well stating all the gays. I referred to my mate as the gay as herefers to me as other stuff which I wont mention on here as well the diverseteam I worked in we all had nicknames for each other.

DIN786

Emmzi wrote: »

you're homophobic and getting nowt.

from a friendly banter you assume i homophobic?
If i had wrote finally getting rid of the hetrosexual
hope you bang an aussie up the ****
with a stick man and stick woman drawn


all in the same friendly vein as my initial comments
does that make me hetrophobic??

Emmzi

In any place I have worked that would not be acceptable either and if found to be true on investigation you'd still be out.

Still. Doesn't matter what I think, the ET will decide. I look forward to reading the outcome when published.

Evilm

DIN786 wrote: »

As i am asian and most of teh people on teh case files were non-asians whom got away

The other words you refer to being used aren't nice but don't specifically say "go away (type of person X)" do they? Even if they do if the person who complained didn't see it (or didn't report it) it becomes irrelvant as the bosses could say they didn't know and they would have gone after the others too. Let alone the matter that they don't even have to be consistent.

Really doesn't matter IMO. Your comments, whilst meant to be friendly banter, aren't suitable for the office and I'd be surprised if anyone else wrote something as bad as "finally we get rid of the Gay" and drawing a picture like that. They may have referred to the man's sexual orientation but I'd be surprised if they went that far.

I think you will have problems proving that their reason for doing it was because you are Asian. They would pretty much have to say "we wouldn't expect/accept this from an Asian" for it to be classed as the reason.

PS. Are you typing "teh" deliberately? Its happened to many times in your posts for me to think otherwise and it makes you sound about 12.

DIN786

Evilm wrote: »

The other words you refer to being used aren't nice but don't specifically say "go away (type of person X)" do they? Even if they do if the person who complained didn't see it (or didn't report it) it becomes irrelvant as the bosses could say they didn't know and they would have gone after the others too. Let alone the matter that they don't even have to be consistent.

Really doesn't matter IMO. Your comments, whilst meant to be friendly banter, aren't suitable for the office and I'd be surprised if anyone else wrote something as bad as "finally we get rid of the Gay" and drawing a picture like that. They may have referred to the man's sexual orientation but I'd be surprised if they went that far.

I think you will have problems proving that their reason for doing it was because you are Asian. They would pretty much have to say "we wouldn't expect/accept this from an Asian" for it to be classed as the reason.

PS. Are you typing "teh" deliberately? Its happened to many times in your posts for me to think otherwise and it makes you sound about 12.

i type to fast without looking back! i see your points. From the way i haveexplained the comments i made and the meanings to show there was no maliciousintent in the comment.

The other cases, people have actually complained about the comments been made.Where it all has been formal in some instances where the person had an initialhearing but the outcomes were all that they would not be sacked. But to callsomeone a "fag***" in a angry vein was conceived offensive but not sackable.Where my comments were offensive but were clearly in a friendly manner.

all the instances of the other employees getting away without using languagewhich is just as offensive as mine were all non-Asians .that is why i am usingthe race discrimination and the fact that the senior manager perceived that agolliwog with a hoodie drawn in a birthday card for a black employee statingthat he is going on the rob was deemed not that offensive to the manager.

Evilm

DIN786 wrote: »

The other cases, people have actually complained about the comments been made.


(snip) and the fact that the senior manager perceived that agolliwog with a hoodie drawn in a birthday card for a black employee statingthat he is going on the rob was deemed not that offensive to the manager.

You didn't mention the message with the Gollywog card before - that does make it slightly different.

The fact that other complaints - possibly including that one - were ignored does make your position stronger but you have to be able to prove it because the employer won't help you to.

However I'm still not sure that the employer will be held up to consistency of treatment of all complaints. I also think 'everyone else who was complained about and got away with it about weren't asian' doesn't prove that the reason it was done was because of your race.

However that I do see your predicament and hope that the tribunal works out for you. Do let us know!

DIN786

Evilm wrote: »

You didn't mention the message with the Gollywog card before - that does make it slightly different.

The fact that other complaints - possibly including that one - were ignored does make your position stronger but you have to be able to prove it because the employer won't help you to.

However I'm still not sure that the employer will be held up to consistency of treatment of all complaints. I also think 'everyone else who was complained about and got away with it about weren't asian' doesn't prove that the reason it was done was because of your race.

However that I do see your predicament and hope that the tribunal works out for you. Do let us know!

to be honest i don't beleive they discrminiated against me because of my race but for them to shaft me 11k 2 days before i was going to leave was what got to me. so i have used the discrimination based on that and from the golliwog card and other points hopefully should help my case.

I cannot afford a lawyer and was looking at using which?legal advice service whom will provide me advice on any legal issue for a year at £40 via email and over the phone.
Has anybdoy heard about them? or recommend a similar company?

Evilm

Do you have legal cover on your home insurance? If so they might be able to help.

Look around your local area for a solicitors clinic. They are usually held in the evening and you get 10 minutes - half an hour free on an arrive and wait system.

They might be able to help or at least give you some pointers.