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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47364
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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To whom it concerns, I am facing a discrimination and

Customer Question

To whom it concerns,
I am facing a discrimination and sexual harassment problem at my current workplace, I am currently on a sick note form my general practitioner as per stressful environment at work in last couple of weeks. I am currently holding the manager's position and I am working there for more than year and a half. I do not now were should I go with this matter and it is very stressful for me to talk about it.
Please advise.
Kind Regards
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
Hello,I have been there for 19 months till now
Expert:  Ben Jones replied 1 year ago.
Can you provide more details of the allegations you are facing?
Customer: replied 1 year ago.
Emails, screenshots of the emails from directors. I have not complain yet in a formal letter and now when I am off sick for 2 weeks I do not know what to actually do as I have fears that they will carry on as well as try to dismiss me from work for that reason.
They have recently sent two emails including letter of concerns about my health problems as I respond that my doctor asked me to take time of work and rest and I would like to follow his recommendations, when the sick note will finish I do not feel like I want to work in this environment again, as They have not acknowledge my previous verbal complain asking them to stop that discrimination and racist jokes of my person. The have told me if I will say something they have the best solicitors so don't even try- I was told.
Moreover they have told me they will not pay for my sick leave as per contract- is that also a case of breaching the law?Please advise me how should I proceed.Kind RegardsSimon
Expert:  Ben Jones replied 1 year ago.
Is the sick leave entitlement guaranteed or is it left at the employer's discretion?
Customer: replied 1 year ago.
employer's discretion.
Expert:  Ben Jones replied 1 year ago.
Generally, if you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. In your case you state that you are the subject of racism and discrimination and if these are the reasons behind a dismissal you can make a claim for discrimination and automatically unfair dismissal. If you are not dismissed but want to leave instead, you could resign and claim constructive dismissal or discrimination. Any of these claims will be made in the employment tribunal. However, it is a good idea to try and resolve this internally by raising a formal grievance. Finally, if the sick pay is at the employer’s discretion they will have the final decision as to whether it is paid or not – it will not be guaranteed. However, if the reasons for non-payment are discriminatory, then that in itself can amount to discrimination and you could make the claim for discrimination. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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Customer: replied 1 year ago.
Hello BenApologise for late response.My comcerns are that I am currently off work and they are entitled to not to pay as per contract however is there any other way to get the sick leave paid as my payslips showed quite large amount of deduction towards national insurance each month.The case of taking this forward to the tribunal will cost me loads of money which Indo not have to spend as this can be quite large amount of money looking at the claim or is there an option for no claim no fee solicitor's atendence plan?Finally if I think all what they had done is no longer possible to accept and I would like to resign is there an optionfor me to send a letter including the reason of resignation.Moving forward my plan is to stay in the same industry can they give my new employer a bad reference about me. Just to mention my current statement of fitness to work say anxiety and stress at work. It may sound strange as this is the right industry for stress however they have dismiss 19 people in last year as well as my members of the department and all those emails discriminating, bullying as well as forcing to take administration fees in cash when refused I was told "do it or the door is there?" Unusual practice and hardcore environment caused myself to say stop this is not the salesman stress this is just dangerous practice hat can have impact on my future carrier.
In my first notice of sickness email I have attached the note from my general practitioner I have notice someone from peninsula cc'd in my email and I have concerns about the standard procedures taken towards my person.Just wanted to ask if after this time of my employment I could have had paid some benefits whilst seeking new employment I mean the unemployment benefit?I have also enclosed two of the emails sent to myself during the work which I have complain about it to them and this was followed by few other emails which are not included. If I can ask will you as an expert in this field qualify this as sexual harassment evidence to serious case?Thank youSimon
Expert:  Ben Jones replied 1 year ago.
Hello Simon, thanks for the rating. When you are on sick leave, you will unfortunately be bound by your sickness policy in work and if that means you are not guaranteed full pay, then that may indeed be the case. There is no automatic right to get full pay whilst off sick – that depends on your employer’s own policies. However, your tax and NI should reflect the pay you are actually receiving, so if you are on reduced pay due to being on sick leave, your tax payments should also be reduced and not be the same as when you get full pay.
To make the claim, you actually have to go through ACAS first and use their free conciliation service before you ae allowed to claim. This is basically a negotiation between you and the employer using the help of ACAS and it is free, so you could end up with a financial settlement and agree not to claim. There are some no win no fee lawyers but not many to be honest – employment is not a common area of law to use such arrangements.
References – they can give a factually correct reference, so it depends on what you consider bad. As long as the contents are truthful, they can include them in a reference.
I cannot advise you on benefits because this is not actually employment law, it is welfare and benefits and it is separate so you need to speak to your local Benefits office for that.
The emails do have a tone of discrimination, both on grounds of race and sexuality, but I would not classify them as a serious case – it is obviously intended as a joke, banter and the seriousness would not be great, but it does not make it acceptable or right.

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