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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 1064
Experience:  Owner at James Bruce Solicitors
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I was recently suspended on allegations regarding

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Hi I was recently suspended on allegations regarding discrimination against someone's culture and someone's interpretation of my behaviour towards them. Its been taken to a disciplinary hearing and I'm unsure how I go about things .
JA: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?
Customer: Ive had little to no contact with my manger and have no HR to go to
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm 22weeks pregnant also

Hello I will assist today

Do you have any more details as to the allegations.

Customer: replied 12 days ago.
Ive numerous allegations made against me, i was alleged to have acted towards my fellow coworker in a manner that she perceived as bullying and believed to be motivated by her religious or cultural origin. The statement reads: i raised my voice to my collegue regarding how she had dressed a service user, then raised my voice to hear in regards ***** ***** had taken her so long to perform a task at lunch time.
Second allegation is from another person who perceives my behaviour to be dismissve and hostile towards her. She reports that I appear to have conversations with other people nd stop when she is around. Apparent inappropriate conversations in the work place none of which have been disclosed as they dont know the content of them.

From what you have said, I can see no grounds for that to be classed at being discriminatory.
If you spoke to her regarding her standard of work if she was underperforming that is not discrimination.Being from a religious or cultural origin different to your own, and then correcting someone due to their standard of work is not discriminatory.
Jowevre, if an employee raises the issue with the employer, then the employer must investigate the matter, no matter have unfounded the allegation may be,

You would need to attend the meeting, you are allowed a union rep with you if in the union, or an independent employee.

Customer: replied 12 days ago.
I thought as much, ive had an investigation meeting and put my side across and now its been taken to disciplinary hearing. On the fact that they believe its racial discrimination and that ive showed no remorse to my alleged behaviour. There is a witness to say i raised my voice but I wouldn't think that was enough for gross misconduct.
The other allegation is against a group of colleagues and how we allegedly act towards her and make her feel uncomfortable. I made my point that I didn't no she felt this way and by no means do I believe I am dismissive towards her. There is no witness to these allegations or my apparent behaviours but they insist I have acted in this manor.

Again I would say not discrimination. A raised voice is not discrimination.

It is possible you are being discriminated against, because you no not behave the same as her, or because you are pregnant. You could always fire that back at them.

Customer: replied 12 days ago.
I did wonder if that was the case, ive worked for said company for 4 years with an unbelished record. Ive never once been called in for any form of disciplinary. Have never had any issues with work colleagues until recently. These allegations are made by someone that started 3 months ago and I have a new manager that started 6 months again that I feel has not liked us since starting as the staff who have been reported for the same issue are also long standing staff members.

From your account, if the worst happens and they dismiss you, I would think you would have a good case to take to an employment tribunal.

Customer: replied 12 days ago.
Thankyou you've been a help

Your welcome. Here to help.

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