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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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I recently started work NHS, I have done 5 weeks, and

Resolved Question:

I recently started work for the NHS, I have done 5 weeks, and am still on probation. I have a collegue across the desk who I recently learned is from Nigeria we generally get on well and he been some help to me. He commented that someone in his family was black sheep of the family. I comment that were there probably a lot of back sheep in Nigerian families, my point was alas far too clevor by half that sutble colour and language with colour bias you can
"blackly (angrily) accuse me of trying to blacken (defame) the English language, to give it a black eye(a mark of shame) by writing such black words (hostile). They may denigrate (to cast aspersions; to darken) me by accusing me of being blackhearted (malevolent), of having a black outlook (pessimistic, dismal) on life, of being a blackguard (scoundrel) etc
Alas this not seen I guess it was assume I was racist or nigerian family was bad, which was not my intention now I being pretty dismissed, for just this comment whose intention was not racist at all. what option do I have
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. What is your ethnicity (by way of background)?
Customer: replied 2 years ago.

white british middle class

Customer: replied 2 years ago.

white british middle class age 35

Expert:  Jenny replied 2 years ago.
Ok, the problem you have is with less than 2 years service there can be no complaint of unfair dismissal. The exception to this is if you have reason to believe that you are being discriminated against contrary to the Equality Act 2010 and that your dismissal amounts to discrimination on the grounds of age, sex, race, disability, religious belief, pregnancy, or for raising a health and safety complaint or otherwise.
Your employer also has a duty of care towards the other employee. If, on the face of it, your comment could be construed as racist then the appropriate course of action for the employer is to protect the other employee from the racist comments and given that you have not been employed very long the appropriate response would be to terminate your employment.
If you have any further questions please do ask.
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