Is it dismissal offence?

Undervalued

atothec said:

Well I have disciplinary papers today and it doesn't look good for me, but I would like if someone wants to advise a bit with this please. Its a meeting with the manager and head of HR, and it states that COMMENTS OF THIS NATURE ARE DEEMED TO BE A GROSS MISCONDUCT OFFENCE AND IF PROVEN MAY RESULT IN YOUR SUMMARY DISMISSAL 

That is just a standard wording which they would generally be advised to use.

I know you are not in a union but do you have any legal advice cover included with either your car or home insurance? Quite often people do without even realising.

You have a legal right to be accompanied at such a meeting by either an accredited trades union rep or another employee of your choice.

Interestingly the trade union rep doesn't have to be acting on behalf of his union. If you happen to know anybody in whatever field that holds an accreditation you can take them with you to the meeting and the employer can't refuse. It is even possible to hire such a person via some of the larger employment law solicitor firms but it doesn't come cheap.

atothec

I don't have such people and haven't been to a solicitor about it at this time, but I might do after the outcome 

General_Grant

atothec said:

Well I have disciplinary papers today and it doesn't look good for me, but I would like if someone wants to advise a bit with this please. Its a meeting with the manager and head of HR, and it states that COMMENTS OF THIS NATURE ARE DEEMED TO BE A GROSS MISCONDUCT OFFENCE AND IF PROVEN MAY RESULT IN YOUR SUMMARY DISMISSAL 

Whilst they say "may" as far as the result is concerned, there is no such moderation regarding the status of gross misconduct regarding the comments "of this nature".  So they seem to be classifying the comments as relating to race or nationality.  I think it needs to be made clear that your comments were not in either category.

(What I find particularly sad is that anyone actually considers a refugee to be such a bad thing that it is an insult to use that term at all.  Refugees are people and their status is not a derogatory term.)

yksi

I'm not able to give any kind of official advice sorry. Just my opinion is that you need to explain that "refugee" is not a racist word and they seem to be treating it like it is. Whatever you do, don't get angry during the meeting. Good luck.

elsien

You need to get hold of a copy of your companies disciplinary procedure as a priority, if you don't already have it. 

You also need to clarify whether the meeting with the manager and head of HR is an investigation or is a formal disciplinary hearing, as your rights differ with each. 

Anyanka1

This whole thing sounds nuts to me:  Since when is "refugee" a derogatory term?  

Thrugelmir

Anyanka1 said:

This whole thing sounds nuts to me:  Since when is "refugee" a derogatory term?  

How do you greet somebody in a professional capacity when you first meet them?  

Raspberry_Queen

I think you need to make a counter grievance for racism on three counts:


1) They - including HR - are all bullying you as a foreigner who speaks English as a second language. They are penalizing your innocent attempts to use friendly and humorous English. This is humiliating, discriminating, rejecting, and degrading you, and showing zero tolerance for the struggles of speaking English as a second language.

2) Therefore, you have reason to believe that your colleagues (including HR) are bullying you BECAUSE you are foreign.

3) The judgement that the word "refugees" is an insult is severely racist, and shows that they think badly of refugees. This has caused you to feel shocked and hurt, and caused you to worry that there is a culture at your workplace of being intolerant of foreigners. 


All of this is valid and they can't deny it. Even if you are a sensible human being who doesn't get hurt feelings at absolutely everything, please do word it like I have suggested. They'll soon drop the grievance against you. As a foreigner, in this situation, in terms of discrimination laws you hold the power here. 

atothec

Raspberry_Queen said:

I think you need to make a counter grievance for racism on three counts:


1) They - including HR - are all bullying you as a foreigner who speaks English as a second language. They are penalizing your innocent attempts to use friendly and humorous English. This is humiliating, discriminating, rejecting, and degrading you, and showing zero tolerance for the struggles of speaking English as a second language.

2) Therefore, you have reason to believe that your colleagues (including HR) are bullying you BECAUSE you are foreign.

3) The judgement that the word "refugees" is an insult is severely racist, and shows that they think badly of refugees. This has caused you to feel shocked and hurt, and caused you to worry that there is a culture at your workplace of being intolerant of foreigners. 


All of this is valid and they can't deny it. Even if you are a sensible human being who doesn't get hurt feelings at absolutely everything, please do word it like I have suggested. They'll soon drop the grievance against you. As a foreigner, in this situation, in terms of discrimination laws you hold the power here. 

I have take note thank you for wording it in perfect way, much appreciated as can't seem to relax tonight 

atothec

Raspberry_Queen said:

I think you need to make a counter grievance for racism on three counts:


1) They - including HR - are all bullying you as a foreigner who speaks English as a second language. They are penalizing your innocent attempts to use friendly and humorous English. This is humiliating, discriminating, rejecting, and degrading you, and showing zero tolerance for the struggles of speaking English as a second language.

2) Therefore, you have reason to believe that your colleagues (including HR) are bullying you BECAUSE you are foreign.

3) The judgement that the word "refugees" is an insult is severely racist, and shows that they think badly of refugees. This has caused you to feel shocked and hurt, and caused you to worry that there is a culture at your workplace of being intolerant of foreigners. 


All of this is valid and they can't deny it. Even if you are a sensible human being who doesn't get hurt feelings at absolutely everything, please do word it like I have suggested. They'll soon drop the grievance against you. As a foreigner, in this situation, in terms of discrimination laws you hold the power here. 

Do you think I should write this for the meeting or send it in before the meeting I got for 10th of May please?