without prejudice, harrasment, bullying.

alwaysmewhy

Again thanks Sangie, ACAS said quite clearly and categorically that you can claim against the same descent, furthermore I have several witnesses who will happily confirm his tone of language and mocking of me about being an Indian. What I am saying is that I am the only person not to get a pay rise because he doesnt think I am a good enough Indian for him so is that not discrimation?


A colleague(manager) commented you have been called into disciplinary just to give you kick up the !!!!, is that not akin to bullying? Even though quite clearly it was farcical because they had no basis to discipline me, after I pulled out an email showing that I had been requested to do what I was being bought in for. Anyway thanks for all the advice even though it seems contrary to what ACAS are saying.

Undervalued

alwaysmewhy wrote: »

Again thanks Sangie, ACAS said quite clearly and categorically that you can claim against the same descent, furthermore I have several witnesses who will happily confirm his tone of language and mocking of me about being an Indian. What I am saying is that I am the only person not to get a pay rise because he doesnt think I am a good enough Indian for him so is that not discrimation?


A colleague(manager) commented you have been called into disciplinary just to give you kick up the !!!!, is that not akin to bullying? Even though quite clearly it was farcical because they had no basis to discipline me, after I pulled out an email showing that I had been requested to do what I was being bought in for. Anyway thanks for all the advice even though it seems contrary to what ACAS are saying.

Are you absolutely sure, that if this comes to an employment tribunal, these people will stand up and testify on your behalf against their current employer?

Some people, sadly not that many, have the integrity to do what is right. The majority become at best vague and forgetful when asked to give evidence against the company that pays their mortgage!

ReadingTim

What are you hoping to achieve? You say you "want to have this sorted so we can all move forward amicably and positively." but give no indication as to how this might be achieved.

Anyway, the without prejudice settlement meeting will be to discuss (or be told) the terms under which you will leave the company. You will 'resign', otherwise they will begin disciplinary proceedings against you to dismiss (sack) you. Your strategy is therefore to ensure the best financial settlement you can - contractual notice period, any accrued but unused leave, entitlement to benefits (eg company car) and pension contributions during what would have been your notice period. You should also agree how any references will be dealt with, plus the reason they give for your departure.

Unfortunately, they want rid of you, therefore the best thing to do is to get as much cash out of them as you can. Forget them, update your CV and put your time and energy into securing another job, preferably one which pays more, and bonuses. Get one quickly, and your settlement figure is a nice little holiday bonus - onwards and upwards!

Undervalued

alwaysmewhy wrote: »

Again thanks Sangie, ACAS said quite clearly and categorically that you can claim against the same descent,

Keep in mind that ACAS do not provide legal advice. At the first level you will have been talking to a call centre staffed by people trained to answer general queries. As I said, have your union provided proper legal advice or have you seen a solicitor?

Ozzuk

As above (ReadingTIM), and I think this is really important - you do understand that you are effectively done working for them? I think you are seeing a scenario where you stay working there and its get sorted, but from how you've described it this is now all about getting the best exit deal.

Best of luck.

sangie595

alwaysmewhy wrote: »

I didn't make that particularly clear, I was advised I could not bring a trade union rep to a disciplinary which happened in January. For being removed from Purchase Orders...

That was January. This is August. Legally if you wanted to complain, you are out of time. That matter is now irrelevant.

sangie595

alwaysmewhy wrote: »

Again thanks Sangie, ACAS said quite clearly and categorically that you can claim against the same descent, furthermore I have several witnesses who will happily confirm his tone of language and mocking of me about being an Indian. Hah. You can try. But you will end up looking like an idiot. I'm sorry, but even by your version of it, I'm seeing no discrimination. He's saying you should act like an Indian? Act like a Shah? And that is his way of saying do better? That's what you are saying. So Indians and Shahs perform well and you don't - that's saying that Indians and Shahs are good at their job and you aren't! That not any form of unlawful discrimination. Not even close! .What I am saying is that I am the only person not to get a pay rise because he doesnt think I am a good enough Indian for him so is that not discrimation? But what he is saying is that you aren't good enough at your job! that's why you haven't had a rise. Nothing to do with whether your are a good enough Indian. Look, the man sounds unpleasant, but unpleasant isn't illegal.


A colleague(manager) commented you have been called into disciplinary just to give you kick up the !!!!, is that not akin to bullying? Well for a start off, this is a different manager. So now we have two people "bullying" you. By saying that you need a kick up the ****. I know this won't go down well with you, but it needs saying - had it occurred to you at all that they might be right? Even though quite clearly it was farcical because they had no basis to discipline me, after I pulled out an email showing that I had been requested to do what I was being bought in for. Anyway thanks for all the advice even though it seems contrary to what ACAS are saying.

ACAS cannot and do not give legal advice. Even if what they say is any good, which it often isn't. That isn't legal advice. They probably didn't mention to you either - bullying, per se, isn't against employment law, and harassment only applies to discrimination cases, which it honestly does not look like you have a hope of. So what this boils down to really is that the employer doesn't think you are up to the job, they aren't particularly pleasant about it, and you've had some disciplinary action, none of which has resulted in you being dismissed. So toy really have absolutely nothing to stand on, and push too far and you will be dismissed - fairly, I guarantee. Because right now you have given them warning that you'll try to make a claim (winning one would be another matter), so they must have to catch you doing something wrong. Nobody is that good that they don't slip up, even assuming that you aren't as bad as they appear to think. They'll find cause, and you'll be gone. So don't get greedy, and don't even think about whatever sums of money you think tribunals give. They rarely give anywhere near that much, and you haven't won one either.

Make sure you get a good reference - that's worth a lot more than money because without one you won't find it easy to get another job.