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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hi Have been suspended from work for apparently saying all

Resolved Question:

Hi
Have been suspended from work for apparently saying all eastern Europeans should go home on a plane they say it is a racist comment please can you help
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for and is there any truth in this allegaiton?

Customer:

been working there for 3 years i cannot remember saying it but someone said i did other people did not hear anything

Customer:

spoke to a sergeant in the police force he said it was not racist just a opinoin

taratill :

Is this something you might have said?

Customer:

im not racist i was on a training session with other people i know i cannot even remember saying it other people were talking about different religions and work

Customer:

if i said it i did but cannot remember this was 4 weeks ago

taratill :

Hi I understand that, you mentioned that you have been suspended, have you been sent details of who has made this allegaiton and have you been invited to an investigation meeting yet?

Customer:

had the investigation go to the disaplinary tomorrow had the details who reported me etc

taratill :

Ok is it one person who reported you or more than one?

Customer:

one reported me

taratill :

Ok do you have reason to suspect that this person may make something up about you?

Customer:

no reason at all lots of people in the room i think he got the wrong person

taratill :

and you have told the employer that?

Customer:

yes i have but feel im being victamised

taratill :

Ok no problem, I understand you have asked a police officer their opinon of whether this could be perceived to be racist or not and they indicated it was not. However you should note that the position is different in criminal law from employment law. In the employment law context this comment could be perceived to amount to race discrimination. When faced with an allegation it is appropriate for an employer to investigate and take disciplinary action if appropriate. If it is is one word against another it is difficult as the employer has to establish reasonable belief that the comment was made. If you can show that it could have been any of a number of people then it may not be reasonable for you to be dismissed. IN any event if the employer could offer training on discrimination to you so that you can understand what is reasonable in an employment law context then this may be considered to be a more appropriate response.

taratill :

I would suggest you deny the allegation and say that they cannot have reasonable belief that you said it as it is one word against the other and appeal in the event that disciplinary action is taken against you.

taratill :

If you have any further questions please do ask.

Customer:

thankyou

taratill :

No problem all the best with it. Please do remember to rate my answer and do come back to me in the future if you need to.

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