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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a Phillipina friend who works in care. She was

Resolved Question:

I have a Phillipina friend who works in care. She was excluded from two meetings concerning a client she works with. It has been suggested she was excluded because of the racial prejudice of the client's mother. How should she proceed?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What evidence is there that race was a factor?

Customer: replied 1 year ago.
A colleague suggested that was the reason. She was asked to perform other duties for the first meeting and not informed of the other meeting. When another colleague had been requested to come into work to attend the first. All the other carers who work with this client attended.
Customer: replied 1 year ago.
She is the only non caucasian carer.
Expert:  Ben Jones replied 1 year ago.

What was the nature of the meetings and who were they held by? Was the mother in attendance?

Customer: replied 1 year ago.
They were to discuss the client's care. The mother did attend.
Expert:  Ben Jones replied 1 year ago.

Whilst she should not be treated detrimentally because of her race, the primary culprit here is the mother, rather than the employer. The employer was simply following the client’s wishes and they would have been placed in a somewhat difficult position. Had the employer decided to treat her detrimentally with no other reason then they would have been likely guilty of discrimination However, in these circumstances the primary discriminator would have been the client’s mother. In this case it is still possible for her to raise a complaint though and she can do so by raising a grievance with the employer, to highlight that she believes she was discriminated and to request that this matter is looked into. The employer could then speak to the client and their mother and make it very clear that such behaviour cannot and should not be tolerated and to reconsider their position and future actions. They could state that in the future they will not consider their requests on discriminatory matters.

In terms of legal action, the only thing she can do is make a claim for race discrimination against the employer. Perhaps she should try and resolve the matter through a grievance with them first and see if similar issues occur again in the future. If they do, then she may wish to consider this more seriously and plan on taking formal action.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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

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