Race discrimination harassment - self representation

hawk30

You have done this the wrong way around really, as you should obtain your evidence before submitting a claim, but it's too late to turn back the clock.

You do have the right to send a questionnaire to the employer asking questions about your treatment as long as you do so within 28 days of submitting your ET1 form (I'm not sure when you made your claim). The relevant questionnaires and some guidance can be found here: http://www.homeoffice.gov.uk/publications/equalities/equality-act-publications/complaints-Equality-Act/ . The employer has 8 weeks to respond.

I'm not sure how much help this will be.

KiKi

Deleted because I can't read posts properly.

ILW

Mashita wrote: »

I understand and at the same time it's difficult to accept that people that are discriminated and left with consequences they cannot do anything, because not all is overt discrimination.

What is the racial element of the discrimination?

marybelle01

KiKi wrote: »

Is your current case different to the one from August last year?

Is this the second time within a year you've taken an employer to ET when they've said you're not performing?

KiKi

Did I miss something? Only five posts that I can see and all today? Or is my eyesight failing?

sniggings

You say it's racial but up to now you have not mentioned anything that could not just be seen as bullying, my last boss would bully a new person each month, I too was bullied .

I think you need clear proof it was racial before you accuse someone of that, why is yours racial and mine was bullying, it can't just be because you are a different race.

KiKi

marybelle01 wrote: »

Did I miss something? Only five posts that I can see and all today? Or is my eyesight failing?

No. My eyesight's failing, apparently. Deleted my post now!

Sorry, OP.

KiKi

Mashita

When I complained about the bad treatment of the person harassing me, the manager justified with the advantages of her origins and culture, that compared to mine it will be superior and that doing my best was not enough.
I complained to HR and they just ignored me and dismissed me.
also in the last performance meeting/dismissal day I was just ignored when repeating the way I have been treated and they never investigated if the poor performance was real. and the same people that was supporting the person harassing me, invented new things, as customers are complaining.
I have the reports where I expresed the bad treatment and the unequality compared with others. reports they nevr answered to me.

ILW wrote: »

What is the racial element of the discrimination?

KiKi

Mashita wrote: »

When I complained about the bad treatment of the person harassing me, the manager justified with the advantages of her origins and culture, that compared to mine it will be superior and that doing my best was not enough.

But this is where you need evidence of it.

I complained to HR and they just ignored me and dismissed me.
also in the last performance meeting/dismissal day I was just ignored when repeating the way I have been treated and they never investigated if the poor performance was real. and the same people that was supporting the person harassing me, invented new things, as customers are complaining.
I have the reports where I expresed the bad treatment and the unequality compared with others. reports they nevr answered to me.

Did you follow a formal grievance procedure? This stuff - whilst bad management - doesn't indicate racial discrimination. It *may* have been their motive, but you can't prove that, from what you say.

KiKi

princessdon

Performance Management goes two ways

Eg - Manager says, you are not performing XXX part of your job to a high enough standard

Employee says - How can I acheive this, what support can you give, what training can I do, do you have suggestions etc


An employee who is later dismissed for performance related issues who then claims racial discrimination would be asked for

a) proof the performance issues were based on race and not performance

b) Evidence they challenged this (where are your emails to HR stating that you beleive you are racially discriminated against

C) A diary showing their days and each instance.

Do you have any of the above?

Or are you "assuming" that because of your race this means your performance can't be low? How do you know it isn't a performance issue but a race issue? Beleive it or not any one (race, gender, sexual orientation etc) can be underperforming.

mynameistallulah

Mashita wrote: »

When I complained about the bad treatment of the person harassing me, the manager justified with the advantages of her origins and culture, that compared to mine it will be superior and that doing my best was not enough.

Perhaps they were saying that the other person was more adept at handling the customers because they had more of an understanding of the their culture/ values etc?