Possible Racial Bias with Redundancy

Bungle5393

Hi All,

I was made redundant a few months ago, and as part of the appeal process I put in a subject access request for any emails about me and my performance that were sent/received by a number of people within the business. Basically I wanted to shake the tree and see what fell out.

There were 3 people involved in selecting me for redundancy - my line manager and 2 x HR people.

Upon receiving these emails, it was clear that the 2 x HR people used a nickname to refer to me - King of Scotland / DIrector of Training, abbreviated to the first letter of each word. This nickname was never shared with me, it only appears in emails between the 2 x HR people. I have subsequently put in a new subject access request for these terms to see who else it was being used with.

I was the only Scottish person in our team of 6. The selection criteria that were used to select which 3 of us were to be made redundant placed me at a disadvantage, and I also don't believe I was scored fairly as part of the process.

Upon receiving this information, it now seems this was potentially racially-motivated. Obviously I can't prove it 100%, but how many organisations would condone 2 x HR people (who should really know better) using a racially-based nickname to refer to one of the senior managers and think that was acceptable?

I'm in the process of lodging an Employment Tribunal (just finished period of early conciliation - they didn't respond), and wondered how people think this term would be viewed by a tribunal.

Brynsam

Bungle5393 said:

Hi All,

I was made redundant a few months ago, and as part of the appeal process I put in a subject access request for any emails about me and my performance that were sent/received by a number of people within the business. Basically I wanted to shake the tree and see what fell out.

There were 3 people involved in selecting me for redundancy - my line manager and 2 x HR people.

Upon receiving these emails, it was clear that the 2 x HR people used a nickname to refer to me - King of Scotland / DIrector of Training, abbreviated to the first letter of each word. This nickname was never shared with me, it only appears in emails between the 2 x HR people. I have subsequently put in a new subject access request for these terms to see who else it was being used with.

I was the only Scottish person in our team of 6. The selection criteria that were used to select which 3 of us were to be made redundant placed me at a disadvantage, and I also don't believe I was scored fairly as part of the process.

Upon receiving this information, it now seems this was potentially racially-motivated. Obviously I can't prove it 100%, but how many organisations would condone 2 x HR people (who should really know better) using a racially-based nickname to refer to one of the senior managers and think that was acceptable?

I'm in the process of lodging an Employment Tribunal (just finished period of early conciliation - they didn't respond), and wondered how people think this term would be viewed by a tribunal.

Sounds you are grasping at straws if you think this would be classed as 'racially motivated'. 'King of Scotland' is hardly a derogatory term, is it?

Comms69

I mean it's not racist, but in anycase, the use of a nickname alone isn't necessarily enough. In fact the employer was wrong to release this information to you, as you are not entitled to it. 

How long did you work there?

TELLIT01

The term may or may not be considered derogatory, but if the matrix used by the company shows the OP to be the least 'qualified' of those facing redundancy the company has acted properly in making their decision.

Bungle5393

Brynsam said:

Bungle5393 said:

Hi All,

I was made redundant a few months ago, and as part of the appeal process I put in a subject access request for any emails about me and my performance that were sent/received by a number of people within the business. Basically I wanted to shake the tree and see what fell out.

There were 3 people involved in selecting me for redundancy - my line manager and 2 x HR people.

Upon receiving these emails, it was clear that the 2 x HR people used a nickname to refer to me - King of Scotland / DIrector of Training, abbreviated to the first letter of each word. This nickname was never shared with me, it only appears in emails between the 2 x HR people. I have subsequently put in a new subject access request for these terms to see who else it was being used with.

I was the only Scottish person in our team of 6. The selection criteria that were used to select which 3 of us were to be made redundant placed me at a disadvantage, and I also don't believe I was scored fairly as part of the process.

Upon receiving this information, it now seems this was potentially racially-motivated. Obviously I can't prove it 100%, but how many organisations would condone 2 x HR people (who should really know better) using a racially-based nickname to refer to one of the senior managers and think that was acceptable?

I'm in the process of lodging an Employment Tribunal (just finished period of early conciliation - they didn't respond), and wondered how people think this term would be viewed by a tribunal.

Sounds you are grasping at straws if you think this would be classed as 'racially motivated'. 'King of Scotland' is hardly a derogatory term, is it?

It was used in a derogatory context when referring to me.

Bungle5393

Comms69 said:

I mean it's not racist, but in anycase, the use of a nickname alone isn't necessarily enough. In fact the employer was wrong to release this information to you, as you are not entitled to it. 

How long did you work there?

I am entitled to the information under GDPR as the conversation was about me and my performance in role.

I worked there for just over 5 years.

Comms69

Bungle5393 said:

Comms69 said:

I mean it's not racist, but in anycase, the use of a nickname alone isn't necessarily enough. In fact the employer was wrong to release this information to you, as you are not entitled to it. 

How long did you work there?

I am entitled to the information under GDPR as the conversation was about me and my performance in role.

I worked there for just over 5 years.

Not necessarily. I'm not going argue GDPR, but any information supplied must be redacted, you should not know who said what, basically. 

bradders1983

Race? Surely your race is "White British" or "Black British" or whatever? The fact you were born north of Carlisle or Berwick is irrelevant.

Bungle5393

bradders1983 said:

Race? Surely your race is "White British" or "Black British" or whatever? The fact you were born north of Carlisle or Berwick is irrelevant.

Lots of ethnicity forms have "White Scottish" on them.

bradders1983

In Scotland, probably. It certainly isnt on the official ONS list for England

https://www.ons.gov.uk/methodology/classificationsandstandards/measuringequality/ethnicgroupnationalidentityandreligion

Therefore: irrelevant, assuming you are in England.

Marcon

Bungle5393 said:

I was the only Scottish person in our team of 6. The selection criteria that were used to select which 3 of us were to be made redundant placed me at a disadvantage, and I also don't believe I was scored fairly as part of the process.

Upon receiving this information, it now seems this was potentially racially-motivated. Obviously I can't prove it 100%, but how many organisations would condone 2 x HR people (who should really know better) using a racially-based nickname to refer to one of the senior managers and think that was acceptable?

I'm in the process of lodging an Employment Tribunal (just finished period of early conciliation - they didn't respond), and wondered how people think this term would be viewed by a tribunal.

In such a tiny group, many people will be the only one from a particular ethnic background/sexual orientation/have children/sport red hair...no statistical significance whatsoever.

I can't see the tribunal giving it a second thought.