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Redundancy - racial discrimination?

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  • LightFlare
    LightFlare Posts: 1,475 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 12 November 2023 at 8:27AM
    Burnz0 said:
    By a good case, I mean it’s not completely vexatious.
    The grounds of my claim are that the rest of the team exclude me by speaking in another language all day which I do not understand and excluding me from a chat group they are all part of. I complained about both things and there was no improvement.
    They’ve said the other language is used infrequently - the witnesses being the perpetrators themselves - but also that it reduced significantly after my complaint (which is slightly contradictory in my view). Also that i should of specifically raised it as racial discrimination when I complained, which, in my view, is an odd defence.

    If there are preliminary hearings then I will go for that and then drop it should it be clear at that point that I have no chance of winning.
    neither are grounds for a racial discrimination case against the employer

    there may be a capability case if they are refusing to communicate with you in a clear and concise manner that is preventing you from undertaking your duties - but not if its social/general chit chat. Same with the chat group
  • robatwork
    robatwork Posts: 7,268 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    The chasm between good and completely vexatious is massive. Your case is somewhere near the bottom.

    You have 2 hopes. Miniscule and Bob.
  • Undervalued
    Undervalued Posts: 9,608 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Burnz0 said:
    By a good case, I mean it’s not completely vexatious.
    The grounds of my claim are that the rest of the team exclude me by speaking in another language all day which I do not understand and excluding me from a chat group they are all part of. I complained about both things and there was no improvement.
    They’ve said the other language is used infrequently - the witnesses being the perpetrators themselves - but also that it reduced significantly after my complaint (which is slightly contradictory in my view). Also that i should of specifically raised it as racial discrimination when I complained, which, in my view, is an odd defence.

    If there are preliminary hearings then I will go for that and then drop it should it be clear at that point that I have no chance of winning.
    neither are grounds for a racial discrimination case against the employer

    there may be a capability case if they are refusing to communicate with you in a clear and concise manner that is preventing you from undertaking your duties - but not if its social/general chit chat. Same with the chat group
    Not with less than two years service. There are only very limited exceptions to the "two year rule" and that ain't one of them!
  • LightFlare
    LightFlare Posts: 1,475 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Burnz0 said:
    By a good case, I mean it’s not completely vexatious.
    The grounds of my claim are that the rest of the team exclude me by speaking in another language all day which I do not understand and excluding me from a chat group they are all part of. I complained about both things and there was no improvement.
    They’ve said the other language is used infrequently - the witnesses being the perpetrators themselves - but also that it reduced significantly after my complaint (which is slightly contradictory in my view). Also that i should of specifically raised it as racial discrimination when I complained, which, in my view, is an odd defence.

    If there are preliminary hearings then I will go for that and then drop it should it be clear at that point that I have no chance of winning.
    neither are grounds for a racial discrimination case against the employer

    there may be a capability case if they are refusing to communicate with you in a clear and concise manner that is preventing you from undertaking your duties - but not if its social/general chit chat. Same with the chat group
    Not with less than two years service. There are only very limited exceptions to the "two year rule" and that ain't one of them!
    Sorry - should have been clearer, I meant against “them” not the OP - that if their actions were resulting in the poor performance of other staff
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