An argument blew up with an Asian colleague, she said 911 should happen all over again to teach the western world a lesson. A couple of days before we were discussing health tourism, I said we should close the borders now, NHS, Education, Welfare, etc couldn't cope and we should look after the people already here. During the 911 argument I pointed out that her comments were racist, she said I was, for wanting to close the borders.
Approx 6 weeks later we had a slight disagreement, (nothing to do with previous comments) next thing, I have been suspended from work, pending investigation into alleged racist comments. Funny thing was I had spoken to my boss less than 24 hours before to complain unofficially, about my colleagues attitude in general which at best is "prickly" and at worst downright nasty. she has apologised to me several times in the past but then behaves in exactly the same way after a short period. I believe she could make things up to make the situation worse for me.
Allegations of racist comments at work, Can I fight this without legal representation?
Firstly, make sure that you are not losing a penny and that you are on full pay whilst suspended....if you are not then they are punishing you before they have concluded the investogation whist is unfair.
Assuming you are on full pay, suspension is probably company procedure anyway especially when dealing with a 'people' complaint such as this - they can never be too careful.
If I were you, get hold of the Company policy on bullying/harassement (I'm not accusing you of anything but your colleague may class this as racial harassment, depsite what they have said to you) just so that you know what procedures your company are looking at.
UK law-this would be an internal matter, and legal representation would not generally be allowed at this stage (unless you are a company director or could be damaging to your career - publically), you will be invited to an investigation meeting where you will be allowed representation from either a Trade Union Representative (if you are a member) or a fellow colleague. Make sure that you get everything in writing. On suspension, your employer should have given you a letter stating that you are suspended on full pay pending investigation and stating the exact allegations that have been made against you. At the investigation meeting, take someone with you, a fellow colleage or Trade Union rep, to take notes during the meeting. It will also keep your employer on their toes, especially if they know that you made a complaint a few days before. During the meeting, you will be given the opportunity to read any statements or letters/evidence that they have against you, and make sure you take copies - its your right.
I would also question what they have done about your complaint that you made a few days before....why have they taken your colleagues complaint seriously and suspended you whilst appears to have ignored your complaint. Whether or not you consider your complaint to be unofficial, you employer HAS to take you seriously and should be treating your complaint in the same way as anyone else. If it appears that your complaint has been overlooked then you have every right to say that you have been discriminated against on the grounds of Race - this means that you have been adversley treated because of your race, in other words...because you are not Asian, your unofficial complaint has been ignored.
Other than that, just make sure that your employer follows the correct procedure....there are very strict rules stating the procedure for investigation....and if it gets that far....discipline. Just make sure you are invited to a meeting where you are given at least 24 hours to prepare for, you are given the right to be accompanied, and you have the right to appeal against any decision. Also, although it sounds obvious, make sure that you are very clear on exactly what you are being accused of. Once the internal procedure has been exhausted, then you can go external and consider legal representation, but I really hope it doesnt get that far...
Allegations of racist comments at work, Can I fight this without legal representation?
It seems that this is still an internal matter, not a legal charge. In any internal enquiry, you should be entitled to representation from an "advocate", usually from a union or works council, if you have either of these. The suspension is probably just company policy %26amp; procedure - I presume that you're on full pay?
You can go it alone, if you've got the time and confidence to do a bit of homework. Legal representation will be expensive, but better.
Both sides will need "witnesses" - your boss sounds like a good one to start with.
Allegations of racist comments at work, Can I fight this without legal representation?
Sounds like you are in the right, but as you will probably find out fighting racism will be a "Uphill struggle" for you, but keep up the fight
Allegations of racist comments at work, Can I fight this without legal representation?
You have made the mistake of thinking things are even handed with asians they will always claim victimhood. This witch should not be in this country with her vicious nazi views which unfortunately my experiences are the majority of asians and muslims in europe.
Allegations of racist comments at work, Can I fight this without legal representation?
you can fight it without legal representation, but how far is this allegation likely to go?
if it will affect your long-term prospects, or be put on permanant record, you need to fight it to the best of you ability, and if that includes legal rep, you should use one.
what you should do now, is to write a record, to the best of your recollection, of all times you had arguments with this person
you should try and recall to the best of your ability, all the details of anything which *could be considered* racist, even if you dont think they are, or have a good explanation.
Allegations of racist comments at work, Can I fight this without legal representation?
Wow...define "Asian" for me please. Chinese? Middle East? Sometimes things ppl say and do is a reflection of their culture... sadly,some cultures feels that terrorism is a good thing...
To be honest with you, I personally don't think that has to do anything with racism... to me it looks like just a difference in views of things! You can penalise somebody for racism just because they don't agree with you..
I hope things will work out fine for you though! If you feel that it is unfair and unjust, contact your labour union!
Good Luck!!
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