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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68959
Experience:  Qualified Solicitor
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Where are you? It matters because laws vary by location.

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Hi my name is*****: Where are you? It matters because laws vary by location.
Customer: London, Walthamforest
JA: What steps have you taken so far?
Customer: The issue was reported to HR and an investigation commentced
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just got to know that the person that made the racist remark was never investigated and they just left the work place

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.

Please can you explain your situation in some more detail

Customer: replied 6 months ago.
Hi Ben
Sorry my bank was processing the payment
Customer: replied 6 months ago.
A couple of weeks ago a colleague of mine made a racist remark against me
Customer: replied 6 months ago.
while coming into work, I encountered a huge traffic and when I got into the office i was telling a colleague/ a friend of mine how i had to bypass traffic by using the Nigeria in me.
Customer: replied 6 months ago.
A different colleague heard what i said and ask why I made the comment and I told her that if she had been to Nigeria and specifically Lagos then she will understand what I meant.
Customer: replied 6 months ago.
That same colleague that was listening went to say that she hated Nigerians and that they made a lot of noise on the buses and another example was the Jamaicans and how they are so loud. That people should learn how to leave their cultures back home before coming to the UK

What would you like to ask about this incident and how long have you worked for your employer?

Customer: replied 6 months ago.
My manager was in the office and said nothing when the racist remark was being used. I and the colleague I was talking to decided to take it to HR and HR took some notes down and passed it on to a senior member of staff who investigate the incident.
Customer: replied 6 months ago.
I then had 3 meeting to investigate the incidence and all the while i thought the person who made the remark was being investigated also.
Customer: replied 6 months ago.
During all the investigations i was made to feel like i was in the wrong by being asked if i thought the comment i made was stereotypical?
Customer: replied 6 months ago.
All the investigation i had was all about the comment i made and not about the racist remark that was made against me. All this while also i was made to work in the same office as her.
Customer: replied 6 months ago.
On Monday the 6th of January 2020, I came to work and received an email from the investigating officer, saying that the colleague who made the racist remark was never investigated because they questioned the process and policy of the college. This same person has left the college before Christmas
Customer: replied 6 months ago.
I am still being told that the comment I made was inappropriate in the workplace and that I should not be having such conversations in the work place.
Customer: replied 6 months ago.
I feel like i am being made a target and a scapegoat and also feel that this matter was not properly dealt with
Customer: replied 6 months ago.
This has cause me huge anxiety, weight loss and lack of sleep.
Customer: replied 6 months ago.
I need the best advice possible to deal with this case as i feel like a scapegoat, target and the culprit in this matter.
I am extremely offended at the fact that the college has not dealt with this case properly and has allowed the 2 people involved to get away with being racist.
Customer: replied 6 months ago.
Can you help. I do not have the £44 right now to pay, if not i would have asked you to call me.

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.

Customer: replied 6 months ago.
Okay Thanks. I wait to hear from you.

Many thanks for your patience. I do not see that you were in the wrong here and clearly you were the one on the receiving end of inappropriate comments, specifically as your race/nationality was being targeted by the comments.

You did raise a complaint about it which is the first thing you should have done. Now that the person who made the comments has left they can no longer be disciplined, which would have been the main option available to the employer. Therefore, the main issue now is in terms of how this matter has been handled by the employer.

Unless the reasons they are doing it that way is because of your nationality also, there won’t be discrimination at play. Therefore, the only option open to you is to consider resigning and claiming constructive dismissal, but that would be subject to at least having 2 years service.

In the absence of 2 years service or if you do not want to leave, then you have to prove that the reason the employer dealt with the process in this way was also because of your nationality and in that case it would be a claim for race discrimination in the Employment Tribunal.

Does this answer your query?

Customer: replied 6 months ago.
This answers my answers ky question and definitely questioning the investigation process. I would not want to leave the job but will like to pursue this on the grounds or racial discrimination. I will get in touch with you very soon as I need to make finances available to pursue this. Thank you for your time and advice.
Kind Regards,
Jessica

Most welcome and all the best for now

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