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I work within the public sector, but I won't name the organisation, and I believe that I have been subject to racial discrimination (I am BAME), racial harassment, disability discrimination and defamation by insinuation. Essentially a manager made the following comments to me;
I have physical proof of all of the above, as it was said on internal Microsoft teams.
The race stuff out of the way. I recently had a workplace adjustment turned down by the same line manager who made the above comments. Following a SARS request, I was able to establish that he acted independently when the reasonable adjustment was declined as that was not a suggested action by HR.
I also feel I was the victim of defamation by insinuation as it was alleged in an accident at work form that I had "possibly misled" a health consultant into making a recommendation, which is totally untrue as I was led to believe that I had a temp adjustment in place. The SARS request also pulled up the fact that he again acted independently and contrary to what HR had told him when investigating my accident at work claim.
He was advised that if X & Y staff member weren't there, then the investigation would need to be "TBC" when witnesses were available. Given that there was a lack of witnesses and the fact that he did not have the physical evidence of the temp adjustment and knew that he did not have the physical evidence, he still continued and made libellous statements. I have been able to rebuff the false statements with physical evidence that clears me of any wrongdoing.
It was also suggested in EAS call notes that there was a potential misconduct issue due to time theft/fraud. This was news to me as I had never been aware of it and, after contacting my new line manager confirmed that there were no issues and nothing from HR to confirm any issues.
Given that some of the comments made are beyond the three-month & one day period, the latest act of discrimination occurred when I received the accident response form.
I believe (I could be wrong) that I have a case for racial harassment, general harassment and disability discrimination as they are continuous acts. I have a real-life comparator in a former colleague (Non-BAME) who was on the same team & had the same manager, who put through an adjustment for, but then turned mine down and I was expected to return to the phones despite it impacting on my mental health condition (I didn't apply for my current role it was changed and we were moved into the contact centre, otherwise I wouldn't have applied), which my employer knew about prior to hiring me, and which I made management aware of again by showing prescription to prove that I was not lying (showing prescription was my own choice)
Also, would the official secrets act prevent me from using any physical evidence in an ET?
Do I have a solid case?
- I was dealing with a difficult member of the public who blamed their race for the issue they were having. Having informed my manager of this, he made a comment along the lines that "I should play the race card; you're on the same system too"
- Used an MLK "I have a dream" meme when I was describing a goal
- Stated that they would not complete the equality data correctly if it was made mandatory and made inflammatory statements that person A did not win an award as he was not BAME
- described Ramadan as "nonsense"
- described me as a "fool" on teams
I have physical proof of all of the above, as it was said on internal Microsoft teams.
The race stuff out of the way. I recently had a workplace adjustment turned down by the same line manager who made the above comments. Following a SARS request, I was able to establish that he acted independently when the reasonable adjustment was declined as that was not a suggested action by HR.
I also feel I was the victim of defamation by insinuation as it was alleged in an accident at work form that I had "possibly misled" a health consultant into making a recommendation, which is totally untrue as I was led to believe that I had a temp adjustment in place. The SARS request also pulled up the fact that he again acted independently and contrary to what HR had told him when investigating my accident at work claim.
He was advised that if X & Y staff member weren't there, then the investigation would need to be "TBC" when witnesses were available. Given that there was a lack of witnesses and the fact that he did not have the physical evidence of the temp adjustment and knew that he did not have the physical evidence, he still continued and made libellous statements. I have been able to rebuff the false statements with physical evidence that clears me of any wrongdoing.
It was also suggested in EAS call notes that there was a potential misconduct issue due to time theft/fraud. This was news to me as I had never been aware of it and, after contacting my new line manager confirmed that there were no issues and nothing from HR to confirm any issues.
Given that some of the comments made are beyond the three-month & one day period, the latest act of discrimination occurred when I received the accident response form.
I believe (I could be wrong) that I have a case for racial harassment, general harassment and disability discrimination as they are continuous acts. I have a real-life comparator in a former colleague (Non-BAME) who was on the same team & had the same manager, who put through an adjustment for, but then turned mine down and I was expected to return to the phones despite it impacting on my mental health condition (I didn't apply for my current role it was changed and we were moved into the contact centre, otherwise I wouldn't have applied), which my employer knew about prior to hiring me, and which I made management aware of again by showing prescription to prove that I was not lying (showing prescription was my own choice)
Also, would the official secrets act prevent me from using any physical evidence in an ET?
Do I have a solid case?
