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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a Sales person with almost 9 years with my present company.

Customer Question

I am a Sales person with almost 9 years with my present company. I had a joint day out with a new manager. He made constant references to how he ran things at his previous company, regaling me with tales of disciplinary's and sackings, and how he feels my current company's regime is too soft. He also joined in with a racist conversation with one of my customers and made homophobic remarks to me. At the end of the day he gave me 20 minutes notice that he would be working with me for a second day. I have e-mailed his manager recounting my experience and stating that I find his racist and homophobic views embarrassing, his attempts at intimidation rather odd and that I feel that he has no trust and confidence in my abilities demonstrated by him arranging a further day out with no notice. Have I got a decent case if I go through the whole grievance procedure?
Submitted: 3 years ago.
Category: 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.

Ben Jones :

What do you hope to achieve please?

Customer:

I want to get out of the company. They are nuts!

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Hi

Customer:

I got an e-mail saying the answer is ready. Was that sent prematurely?

Ben Jones :

Sorry that must have been sent automatically by the site, not me. In relation to your query you certainly have grounds to raise a grievance but how far this goes and whether you are successful is impossible to predict. This is mainly because it is for the employer to conduct their own investigation into the issues and the outcome would depend on what they actually find. In a situation where it was basically a conversation between two people and it would be your word against the manager’s, the evidence may be minimal so it could be difficult for the employer to determine exactly what was said and why. That could affect the outcome of the grievance. If they are struggling to establish the truth of the allegations and what happened and cannot determine what actually happened and was said they could decide not to proceed as it would be unfair to take formal action against someone when there is not much hard evidence available. So by all means – pursue the grievance and do your best, XXXXX XXXXX is not possible to guarantee what the outcome of that would be and depends on the employer’s investigation and the evidence available so only time will tell.

Customer:

Ok, what about the customer though, who was basically making racist comments themselves?

Customer:

I take it my company wouldn't be keen on speaking to them as it would be an awkward conversation.

Ben Jones :

yes it could well be an awkward conversation because they will basically be telling them they had engaged in a racist conversation and ask them for details - it could certainly sour the business relationship

Customer:

In other words, bit of a mess really. Hey ho. Thanks

Ben Jones :

well don't think the worst yet - make the grievance and see where the employer takes it, it is the least you can do at this stage

Customer:

Cheers XXXXX XXXXX you can do with a curved ball like that one.

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