How bad is this?

jobbingmusician

This makes me extremely angry. I am seriously fed up with jumped up staff who wouldn't know what racism is if it bit them, and don't understand the concept of an academic example.

I think the problem stems from the Macpherson report, which to my mind was a charter for stupidity. It was based around the gem "A racist incident is any incident which is perceived to be racist by the victim or any other person".

Did ANYONE think this through?

I remember a famous Oprah Winfrey show where she segregated the audience on the basis of eye colour, to demonstrate how insidious racism is. The majority of the audience were simply too stupid to understand the exercise or learn from it, and perceived the whole experience as racism. Other, more intelligent people learnt from the dynamics and gained a deeper understanding of racism. Yet the exercise itself was deeply racist by the Macpherson definition...........

Funky_Bold_Ribena

You need to send that letter.

Takeaway_Addict

Even in the context given I don't think you should have said that word but its absolute beggers belief that the person bollocking you for it wrote it in the letter....

ValHaller

Takeaway_Addict wrote: »

Even in the context given I don't think you should have said that word but its absolute beggers belief that the person bollocking you for it wrote it in the letter....

In the context, I believe that use of the word explicitly was entirely justified. What beggars my belief is that the boss should have written the letter at all.

If we become too precious about the use of the word 'paki', we risk making the word 'pakistani' an unacceptable word of abuse too. This leaves a whole race or nation without a name and vulnerable to being labelled with some made up word which will become undeniably in the perjorative.

ValHaller

jobbingmusician wrote: »

I think the problem stems from the Macpherson report, which to my mind was a charter for stupidity. It was based around the gem "A racist incident is any incident which is perceived to be racist by the victim or any other person".

Did ANYONE think this through?

There is actually some value in the MacPherson definition, in that it shifts the focus away from trying to establish the perpetrator's motives to looking at the impact on the victim.

Although I have to say that the MacPherson definition is far from complete and in isolation has almost as many issues as any perpetrator based definition.

an9i77

Valhaller - she wrote the letter, which was emailed to me, exactly one hour after I put my appeal against redundancy in!

I will have a think about whether to send the letter - I have already emailed a response basically stating the obvious (that the word was used to illustrate the racist's response and therefore the context is relevant) which would hopefully find its way to the tribunal (well it would from my side anyway) if it came to it. (I'm hoping for an early settlement really, but clearly this will affect how the case is assessed).

If she did try and use the incident to show a lack of diversity awareness, I think she'd be on thin ice. I think the example shows the opposite - I am giving an example of unacceptable conduct in the workplace that would lead to disciplinary action, therefore I am surely in support of the view that that kind of word is inappropriate and the kind of HR professional who wouldn't tolerate it.

I'd also like to think that anyone on that tribunal panel with even half a braincell would see the whole thing for the ridiculous scam it is, which would be an egg on face experience for my employer.

The other thing I could do, is post employment but pre claim /legal proceedings, write a letter like the one you suggest.
That way I am out of the line of fire, as they wont' be able to take any action against me or make my life even more of a misery than they already are, but it will still be available prior to any tribunal proceedings.
Do you think that would be a better option?

I just want to get through the next few weeks before I go without any more trouble, it's been hellish already as it is. I have my appeal next week so will be interesting to see if they refer to the p-incident in the appeal outcome (as naturally they will be looking for a way to justify upholding the redundancy)

kiddy_guy

The non response to her letter seems to suggest you've accepted their version of events which clearly you haven't. The record will be on file that you've been given a slap on the wrists; you need to make sure that your response is also on record now.

ValHaller

an9i77 wrote: »

Valhaller - she wrote the letter, which was emailed to me, exactly one hour after I put my appeal against redundancy in!

I will have a think about whether to send the letter - I have already emailed a response basically stating the obvious (that the word was used to illustrate the racist's response and therefore the context is relevant) which would hopefully find its way to the tribunal (well it would from my side anyway) if it came to it. (I'm hoping for an early settlement really, but clearly this will affect how the case is assessed).

In your position, I would want to forestall the employer even raising it as an issue at tribunal. If they do, you will have to put it down on the spot and make a verbal argument in a hearing. As I see it, given the level of comprehension of your position displayed by other posters, you will have a hard job to hit the matter down and you will waste a lot of (your and the) the tribunal's intellectual resource in getting to grips with something which is not a central issue.

If you do send the letter, they could still raise the matter although I think it is far less likely - but you could firstly expect them to include your letter in evidence and secondly introduce it yourself. I would say you would do far better dismissing the matter by referring the tribunal to the letter than by attempting to make verbal argument on the day.

an9i77 wrote: »

.... I'd also like to think that anyone on that tribunal panel with even half a braincell would see the whole thing for the ridiculous scam it is, which would be an egg on face experience for my employer.

Well, yes. But you want the tribunal focussed, not spending their half brain cells. Actually, you might even want to raise their letter yourself as evidence of a constructive aspect to the redundancy. But make sure you have your side in the evidence already.

an9i77 wrote: »

The other thing I could do, is post employment but pre claim /legal proceedings, write a letter like the one you suggest. That way I am out of the line of fire, as they wont' be able to take any action against me or make my life even more of a misery than they already are, but it will still be available prior to any tribunal proceedings.
Do you think that would be a better option?

No. If you put the letter in after leaving, you may find it is ruled inadmissible (not that I know whether this would be the case). The letter IMO has more value the sooner it goes in

edited to add: The letter to send later is a much harder letter to justify and compose as the employment relationship will have ended.

an9i77 wrote: »

I just want to get through the next few weeks before I go without any more trouble, it's been hellish already as it is. I have my appeal next week so will be interesting to see if they refer to the p-incident in the appeal outcome (as naturally they will be looking for a way to justify upholding the redundancy)

You would do better, me thinks to accept that you are on your way out and take the attitude that trouble is their problem not yours. (The situation now is such that Attack is less costly as a form of defence)

When it comes to your Appeal, the same argument applies as to the tribunal - you need your defence to the matter on file right now. More so with the appeal because you get no second chance to put the letter in once the appeal has gone - you actually allow them another chance to lay it on a bit thicker at Tribunal.

Overall, you need to act now to stop it off. I can't help thinking it was a bit of a mistake to even apologise for using the word in an email. Although I think that this was only a tactical mistake. Your opportunity is to use the bosses letter as a Strategic mistake on her part.

Savvy_Sue

I think I'd send the letter too, but if you don't want to do that then at the very very least print a copy of that email NOW showing all the headers, and take it home, and send a copy to yourself at home as well.

bagpussbear

I think its an over reaction of your employer to be honest, I can see you used it as an example rather than something you'd say out of your own mouth.