Racial Discrimination - Self Representing at Tribunal

RG31 · 22 May 2018 at 1:10PM

Hi

I am hoping that someone will be able to provide some help/advice or any personal experiences rgearding racial discriminaion at work.

My previous employes has rejected my negotiations via ACAS and i plan to take them to tribunal and self represent as I cannot afford to a solicitor.

The company has admitted one of the incidents was 'racially inappropriate' but has denied the other bullying from senior members of staff was race related.

Any information regarding personal expeerience owuld be useful. But I am specifically concerned about the best way to write my initial statement and what they are looking for? I also wanted to know whether I am able to contact old employees of the company to ask if they will be witnesses when the time comes. The racism was common knowledge amongst the company and often spoken about openly.

I am confident i can prove the racism as some of it has been admitted to but my concern is that as I didnt hand in my notice until I found another job I am not actually entitled to anything anyway.

If you need any further information let me know.

ReadingTim · 22 May 2018 at 1:45PM

What are you trying to achieve here? You're not an expert, you can't afford to hire an expert, and what you do know is that you don't think you have much of a claim for any actual loss.

So unless you're looking to re-prove what is generally known anyway (ie that some people are racist, some people are bullies, and some people might even be racist bullies) what is your actual motive?

Unless your experience has ignited a fire to become an employment lawyer specialising in racial discrimination, and given you've got a new job, it might be a better use of your time and energies to simply put this unfortunately experience behind you and move on.

I appreciate that's easy for me to say as a white man who's unlikely to have experienced any form of discrimination, but to stand any chance of success, you're going to need a little more fact and/or conviction behind you to go anywhere with this. And if you can't summon it, you're probably better off forgetting it.

RG31 · 22 May 2018 at 2:41PM

Honestly, I want them to be held accountable and to at the very least prevent this behaviour moving forward. The company made me miserable for over a year of my life and continue to do so for many other people.

Dont get me wrong I am looking to be compensated (I am no martyr) but I am aware that there is a potential that I will walk away with very little, my research suggests that I will not walk away with nothing.

In short I want them to be exposed for the racist bullies that they are, and to realise that behaving the way that they have done in a modern workplace is unacceptable and the majority of people feel this way.

TELLIT01 · 22 May 2018 at 2:48PM

Are you saying that currently you don't have anybody who is willing to come forward and confirm your version of events i.e. the racist remarks and discrimination? You say you are confident you can prove racism as 'some of it' has been admitted. In your original post you say that they have admitted one instance of 'racial inappropriate' event and that isn't the same as showing a pattern.
I must make it clear I am not judging the situation one way or the other, just pointing out where the potential weaknesses are in your case.

RG31 · 22 May 2018 at 3:16PM

I have one person, who ishappy to confirm my version of events and that there was racism but I would like more to prove that this was not a one off incident but definitely a culture within the business.

There are other witnesses who have already confirmed my version of events but the argument that the company is making is that although I was bullied this was not related to my race, although they have not clarified what it did relate to.

Crazy_Jamie · 22 May 2018 at 3:19PM

RG31 wrote: »

But I am specifically concerned about the best way to write my initial statement and what they are looking for?

Do you mean within the ET1? If so you need to give a clear account of your allegations, and give sufficient detail to inform the person reading it whilst also sticking to the point. It also helps to set your allegations out in numbered paragraphs. I appreciate that you may not know the law, but if you have had a look at the relevant sections of the Equality Act 2010 (realistically sections 13 and 26 might be the most relevant for you) you should also attempt to marry up your allegations with the sections of the Equality Act that you say have been breached.

[quote-RG31]I also wanted to know whether I am able to contact old employees of the company to ask if they will be witnesses when the time comes.[/quote]Yes, you are, though of course they may not want to.

RG31 wrote:

I am confident i can prove the racism as some of it has been admitted to but my concern is that as I didnt hand in my notice until I found another job I am not actually entitled to anything anyway.

From this paragraph it sounds like your claim would not only be for breaches of the Equality Act, but also constructive dismissal. In which case the issue of whether or not you wanted too long and affirmed the breaches of contract (which would result in your claim failing) is not clear from what you've written. It very much depends on the circumstances. The law does not require you to resign immediately after acts of discrimination or other fundamental breaches of contract, but generally speaking (and I mean very generally, because it depends greatly on the specifics) if you've waited longer than a month or two from the last act you may well be in difficulty.

Reading_Tim wrote:

What are you trying to achieve here? You're not an expert, you can't afford to hire an expert, and what you do know is that you don't think you have much of a claim for any actual loss.

On this point, if the OP succeeds in a claim for discrimination, they will be entitled to damages for injury to feelings, which does not require out of pocket loss in the same way that other elements do. If that discrimination is tied to constructive dismissal, that will increase the injury to feelings award. Equally, the constructive dismissal claim alone entitles the OP (if successful) to a basic award which is also not dependent on loss, and is based on length of service, age, and weekly pay. So whilst I appreciate the practicality of the point that you're making, and agree that the OP's losses such as loss of earnings seem limited because they found another job straightaway, that doesn't necessarily mean that their damages award will be small, because the basic and injury to feelings awards are not dependent on actual loss.

RG31 · 22 May 2018 at 3:36PM

Thank you @CrazyJamie that's helpful.

Yes i mean in regard to the ET1.

I cannot claim for constructive dismissal as I was not with the company for long enough. I did, to be honest expect the company to be more open to negotiations as people who I still speak to at the company have told me that they are concerned that my actions could lead to others taking a similar approach.

The worst of the discrimination, the incident that they have agreed did take place and was inappropriate was the catalyst for my resignation, I resigned with in a day of this and was told by my then line manager 'I don't blame you'

steampowered · 22 May 2018 at 4:09PM

When did your employment end?

The claims you are describing have strict time limits to be able to bring them to the Employment Tribunal.

RG31 · 22 May 2018 at 4:12PM

Ended on the 1st March, I am within the time limit as ACAS were involved so essentially stopped the clock for three weeks.

Thanks

[Deleted User] · 22 May 2018 at 4:37PM

RG31 wrote: »

Honestly, I want them to be held accountable and to at the very least prevent this behaviour moving forward. The company made me miserable for over a year of my life and continue to do so for many other people.

Dont get me wrong I am looking to be compensated (I am no martyr) but I am aware that there is a potential that I will walk away with very little, my research suggests that I will not walk away with nothing.

In short I want them to be exposed for the racist bullies that they are, and to realise that behaving the way that they have done in a modern workplace is unacceptable and the majority of people feel this way.

My view is that based on what you have said here is that you won't get anywhere.

I'm another that can't se what you are trying to achieve here. If the racism is as endemic as you say why would they employ you in the first place. Give specific examples not sweeping generalisations of racist behaviour and be very sure what Racism actually is. Its hard to believe everyone in a Company is racist so is this aimed at particular individuals in which case the in house complaints system would have been the way to go. Do you have evidence of being a successful productive member of the team without negative performance file notes or reviews. Very often we hear a cry of racism from a poor performer.

I'm not saying any of this is you but playing devils advocate to try and make you think about how strong your case needs to be because no doubt the company will challenge this.

You say the Company continues to make people miserable yet you seem to be the only one who has left and if they have is it a role with a high turnover of people anyway. Easy for a company to explain away.

Is this money motivated ? you walked out a job with presumably nothing to go to and now need to get some money together and make several references to compensation.

In my experience very few people no matter how supportive verbally want to attend a frightening employment tribunal so you may end up on your own.

Personally I would put this down to experience and walk away, whatever happened it was a bad experience and stretching it out for months / years will all consume you. On the other hand if you feel that your case is watertight go for it.

RG31 · 22 May 2018 at 5:06PM

BBH123 wrote: »

My view is that based on what you have said here is that you won't get anywhere.

I'm another that can't se what you are trying to achieve here. If the racism is as endemic as you say why would they employ you in the first place. Give specific examples not sweeping generalisations of racist behaviour and be very sure what Racism actually is. Its hard to believe everyone in a Company is racist so is this aimed at particular individuals in which case the in house complaints system would have been the way to go. Do you have evidence of being a successful productive member of the team without negative performance file notes or reviews. Very often we hear a cry of racism from a poor performer.

The reason I was hired was because my line manager is asian, even if he wasnt I think it is far too simplistic to suggest that any company that hires any one of an ethnic minority does not have any discrimination issues. My line manager is also the person who is willing to take the stand for me (this is what he has said at this stage, i am conscious that he could change his mind.) I do not think or suggest the whole company is racist as a large national company this is of ocurse not the case but this does not mean it is not a problem that stretches through several departments and different levels throughout the company.

I have a plethora of evidence through emails appraisals etc and the fact my line manager is willing to take the stand that I was always an excellent performer. When i rasied a grievance I also stated that I had always been an excellent performer and this was never contended.

I dont think we often hear a cry of racism from poor performers at all, and comments such as this are the problem. when I say open racism, i will give you some examples, a senior member of staff when asked to change a process advising that i would have to do a bit more Jumu'ah (muslim word for friday prayers) to get him to do that, I should add I am not muslim, I am of asian dissent and have brown skin but not muslim, i had to explain this to people on at least a weekly basis. Another senior manager coming over to complain during a fire drill that it must have been my team who were responsible for the drill as there must be a suicide bomber amongst us. Again a lot of my team were of some sort of asian dissent.

I am not trying to make quick buck, i have another job and I am in a fortunate position financially.

What i want from this? To teach people the difference between right and wrong and to try and ensure that my kids do not come home to me devastated about how they have been treated because of the colour of there skin.

Racial Discrimination - Self Representing at Tribunal

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