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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Have been requested to attend an investigation at work with

Resolved Question:

Have been requested to attend an investigation at work with ref to: 1. absent without leave-three dates-emails and supervision explains why I was away and I have copies of emails but not supervision notes - manager was unable to work photocopier at time of meeting and has never forwarded copy.
2. Ignored requests of availability to work- prior to this hours of work had been cut also an upsetting email had been sent to me via management. 3. attitude and behaviour towards others had become unacceptable (not sure what this refers to as I was lone working and all communications was done via email/text and I have copies of these.)
My contract is zero hour and for the past three years have been called in for informal meetings as past colleagues have filed complaints-none of these complaints have stood up.
One of the on going complaints is that I raise my voice and they perceive this in a negative light. When in fact it is part of a culture thing as most Mediterranean speak like this with passion. Plus I have three family members who are hard of hearing so growing up we spoke loudly
On a previous meeting the directer made an accusation but when challenged backed down and it is she who is conducting this investigation.
I feel this is victimisation/discrimination - am I right?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. You have said you have been on a zero hour contract but have you been regularly required to work and if so how frequently?
Customer: replied 1 year ago.
Up til 30th March 2016 worked weekly hours varied
Expert:  Jenny replied 1 year ago.
So have you been dismissed?
Customer: replied 1 year ago.
No, the area I was working in the round was shut down I am a community worker
Expert:  Jenny replied 1 year ago.
So are you still working or are they saying they do not require you at the moment?
Customer: replied 1 year ago.
when they closed the round down without informing me- they sent me a blank rota with the request of going into the office to discuss the hours that I wanted each week. Around February I informed company in writing that I wanted to cut my hours from thirty to twenty which they did.
Expert:  Jenny replied 1 year ago.
ok so are the allegations of you being absent without leave incorrect?
Customer: replied 1 year ago.
No I was ill on one and the second and third time I sent written notice why I would not do the shift as when I originally excepted to do the shifts - a client was not on the round they added the client without consultation
Expert:  Jenny replied 1 year ago.
Ok so what has happened since the investigation have they decided to proceed to disciplinary? You ask if you are being discriminated against? is this in relation to the investigation?
Customer: replied 1 year ago.
the investigation is on Wednesday of this week. The discrimination question is that each year I am called in due to accusations being made against me especially in relation to my volumn of voice
Expert:  Jenny replied 1 year ago.
potentially it could amount to indirect discrimination if the volume of your voice is related to a cultural or reason related to your nationality. You should definitely raise this as a concern at your meeting and say that if action is taken against you you consider it to be discriminatory. It does not amount to victimisation, in the employment law sense, as that would only occur in the event that action is being taken against you because you have already raised a discrimination claim. Please do let me know if there is anything further you would like to know about this. If I have answered your question please take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hi John is there anything further you would like to know?
Customer: replied 1 year ago.
so when I am at the investigation meeting and she brings up about my volume of voice I can tell her that its indirect discrimination because of my culture is this correct. What about the family members begin hard of hearing can I cite this as well?
Expert:  Jenny replied 1 year ago.
Yes you can mention that, although it would not hold so much weight as at the moment in the UK there is no such thing as indirect associative disability discrimination. It would go to the reasonableness of the outcome though.
Customer: replied 1 year ago.
the Volume of my voice does it stand up in law or is it classed as just her preception
Expert:  Jenny replied 1 year ago.
It is difficult to say as I do not know the allegations against you. Potentially it could amount to indirect discrimination if they are complaining about an intonation which is common in people from the med, I cannot guarantee it would stand up in a court of law as all litigation is risky. I do think you have good grounds to argue it in the investigation meeting.
Expert:  Jenny replied 1 year ago.
Hello please do let me know if you have any further questions otherwise please rate my answer before leaving the site as I am not otherwise paid for the time I have spent answering your question.
Customer: replied 1 year ago.
What about her calling me in the office each year over the last three years cause staff have made accusations against me and when hearing my side of events no further action has been taken Is this discrimination?
Expert:  Jenny replied 1 year ago.
only if the reason that she has done this is your race or nationality could it amount to discrimination. Otherwise it can be argued that it is unfair treatment and if you are dismissed you could claim unfair dismissal.
Expert:  Jenny replied 1 year ago.
Hello John do you have any further questions?
Customer: replied 1 year ago.
What about the upsetting email I received it claimed that staff did not want to work with me Can I have her on grounds for causing stress to me for the way she informed me.
This meeting in my opinion is uncalled for as she has written correspondence from me relating to hours shifts can I have her on causing me stress
Expert:  Jenny replied 1 year ago.
yes all of these things should be raised. If you believe that she is treating you badly because of your nationality then you can argue that this amounts to direct race discrimination.
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