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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been accused of racism by a member of a the office I

Resolved Question:

I have been accused of racism by a member of a the office I run. I have asked so other manager to investigate this and I'm sure that when we get to the bottom of it will find that the individual was just angry with me for having to more her desk.
If this turns out to be the case do I have grounds to dismiss them?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has that person worked there for?

Customer: Hi Ben
Customer: they have been there for just over a year, I'm the new manager and been there just over 2 months
Ben Jones :

If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.).


 


If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.


 


The only potential issue here is victimisation – treating her detrimentally if she has made a complaint about discrimination, which race is. So if the complaint was valid, dismissing her for raising it would likely amount to victimisation, which is unlawful. However, if it is proven that the complaint was raised maliciously, then that would not provide the required protection for victimisation.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks.3

Customer:

ok so when we resolve the accusation of race, I could fire her almost anything and paid the notice period and myself and the company would not be open to a legal proceedings?

Ben Jones :

there is nothing stopping her from claiming and trying her luck but as long as you can show that your investigation revealed the initial allegations were malicious or unfounded, then you should be able to defend any claim for victimisation

Ben Jones :

has this clarified your position?

Customer: Yes thank you
Ben Jones :

you are welcome, all the best

Customer:

I can't rate your answer do you need to close this your end?

Ben Jones :

it's a known bug, we will sort at our end, thank you

Customer:

ok

Ben Jones :

thanks

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