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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work in a company that treats us not fair We are all the

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I work in a company that treats us not fair
We are all the time understaffed, which is stressing us while at work and which can have bad effects on our clients too
I am asked now to do 2 jobs in one at the same time after a long time of having separate shifts for the 2 different aspects of my work
I am an immigrant and I work very much while British colleagues of mine call off sick or hardly move while at work
Also other colleagues of mine coming from abroad have complained of being discriminated, many colleagues have left the company
I am thinking to sue my employer for discrimination
If I can prove that British colleagues have been advantaged (in how they are treated, in trainings they have received immediately while I had to beg for my own trainings) do I stand a chance in court?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

I have worked for them for 4 years almost (from October 2011).

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.

Sorry to bother you, but will you answer today?

Expert:  Ben Jones replied 1 year ago.
Yes it will be later this evening, thanks for your patience it is a busy evening here
Expert:  Ben Jones replied 1 year ago.
​Many thanks for your patience. There are a couple,of ways you may wish to try and pursue this. One is the discrimination route, the other is through constructive dismissal.For discrimination, you must be able to show that as a group of foreign nationals you are actually being treated less favourably than comparable British employees. You could gather evidence over this by showing what difference in treatment exists and paint a picture showing that the British employees are getting preferential treatment. However, if any British employees are also subject to the same treatment as you that argument could easily fail. It is for you to initially show that there was detrimental treatment and the employer would then try and show that this was not the case. So it is impossible to say how strong a case you have as it would depend on what evidence you and the employer can provide to back your own positions.The other option is the constructive dismissal route. This occurs when the following two elements are present:• Serious breach of contract by the employer; and• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

Hi there,

Many thanks for the answer.

I work in the health and social care industry and I have seen a lot of discrimination since I am in this company. Also I have flagged many times that we are not safe at work, that we are stressed and understaffed(which can lead to accidents, injuring staff and residents) - because they only think of saving money, but this after they tell us how good the company is doing!.

Instead of helping, my employer reduces the staff and still doesn't care about our safety, would there be a way of building my case on that? I am a senior care assistant, I am experienced and I can tell when the people on my shift are being used like slaves. This company treats certain employees preferentially, while others are flat because of working too hard. And even though we have all reported things like this, nothing is being done about it.

Expert:  Ben Jones replied 1 year ago.
When you say you have reported things have you raised a formal grievance?
Customer: replied 1 year ago.
I have written emails to my boss, i have also met with my boss to raise these concerns, but i am not sure if that counts as a grievence. To my emails my boss said that yes, it was stressful and yes we are understaffed but i managed the situation well. She does not consider the fact that being understaffed is not once a month, but nearly wvery day, which is very stressful and dangerous. So basically she did not help at all. I mean legally i am entitled to have a 30 min break for a 7,5 h shift, but in 90% of the shifts i do not manage to take any break and i work in a great stress. I tell my boss i don't have a chance to take a breake a whole shift and ahe does not help, she does not care. I have even heard her telling staff who coplained they had no chance to have a break that " it is their problem"!!!! How is this right?
I would probably need to write all this and hand it as an official complaint and keep a copy, isn't it?
Expert:  Ben Jones replied 1 year ago.
Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. A grievance is really a formal complaint where the employer holds a grievance meeting to discuss your concerns then they deal with it officially and give you a formal outcome, which you can appeal if you are not happy with it. I don’t think this has happened yet here so you may wish to consider approaching the employer and making it clear that you are raising a formal grievance with them.
In terms of breaks, it is actually a 20 minute break by law for every 6 hours of work so even if you work 7.5 hours a day, but you are legally entitled to it so if you are constantly not getting it then the employer can be in breach of the Working Time Regulations and general health and safety regulations. I would definitely include that in your grievance when you raise it.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46196
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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