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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61714
Experience:  Qualified Solicitor
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I need a legal advice. I am experiencing a racial

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Hello, I need a legal advice. I am experiencing a racial discrimination at work. I already talked with acas and I was told that there is more then enough to open the case. The issues at work are: unsuitable work ware - I am HGV technician and I do require a hi vis overalls to wear at work, they didn't provide me my size that from the day one. I reported it everyday to my manager. I was wearing a too small overalls all the time. When the clean ones were delivered to work all other workers took theirs and lock them in their lockers. I am left with the small ones. They all are English and I am the only one foreigner. second issue is that colegues are laughing from my accent and my language. PRetend that they do not understand what I am saying
JA: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?
Customer: Because I am a smoker and smoke during the work hours I am not allowed to have a break. So I am having my lunch standing near my tool box I told my manager and he said that they are just taking a p *** I tried to go to the higher manager, she told me she is not interested
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I started to work on 2nd of september 2019 with employment contract
JA: Anything else you want the Lawyer to know before I connect you?
Customer: in last few months 9 people left the work in that company. Just search the internet and found one review from a person who works in different branch but the same management and he is writing that he witnessed the racial discrimination and everything was wiped under the carpet. So it does mean that nobody is complaining but it does happen and management does not care

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for?

Customer: replied 11 days ago.
started from 2nd of september 2019
Customer: replied 11 days ago.
I would like to know if there is a case, should I be back to work even I can't handle the stress and harrasment anymore. Should I go to Employment tribunal. I already told acas about that

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. You have the right not to be treated differently or detrimentally because of your race or nationality, so if this is happening at work and either it is the employer who is doing it, or they do nothing to stop it, you could take it further. Whilst you can raise an official complaint in worn by going through the grievance procedure, in the end you may have to make a claim in the Employment Tribunal as it is the only legal option. Whilst you may have talked to ACAS already, you need to get a certificate from them to allow you to proceed to the Employment Tribunal. If you do not have that then contact them again to start what is known as the early conciliation process and get that certificate, which you can then use to make an official tribunal claim against the employer.

 

Does this answer your query?

Customer: replied 11 days ago.
I already have the certificate. Should i go to the work or can i stay at home?

You do not have to go to work if you do not feel you can return

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 10 days ago.
Yes, thank you. It help me a lot to decide what to do now. Thanks a lot

All the best

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