Racism in the workplace (Asda)

[Scouser]

Hi, Not sure I have chosen the right section here but as it happened in the workplace it is a start.

I will keep it short but happy to expand on anything as needed rather than ramble.

My wife works at Asda, a few weeks ago, a colleague, without provocation and previously had a good relationship with said, to my wife, ( and in front of another colleague) "This is the problem with these F**n foreginers, they should all F*** off home".

Wife was shocked and I reported the incident to a manager on her behalf after she returned home.

I will bullet point what happened next to keep short

1. Wife had meeting next day with store manager to gather facts of the matter
2. Manager asked for a written version of the incident. This was given
3. Wife was told she could no longer have her regular overtime (two to 3 hours per day) as thie meant both wife and colleague were of shift together. My wife had said she felt unsafe while he was around.
4. Two days later my wife was asked to stay later to complete work as store was busy (ignoring the instruction to have no extra work due to feeling unsafe). 30 minutes into this extra overtime, wife was stressed, explained this to supervisor and came home.
5. Wife under stress has signed off work for a month due to the stress of working with the colleague.

As I say, happy to expand on the above.

Asda are going through its process in this. The store management have said they have never experienced this and so need to call on HR for advice.
It seems though that in a matter like this the colleauge should have been suspended while the matter is looked into (NB, In an unrelated incident and with different people, another colleage was suspended immediately a few months ago simply because someone said they felt unsafe in his presence. This was due to an issues that did not happen in store.) Why was my wifes attack in store treated seemingly less important?


We have not been updated really on the steps or process to be taken by Asda in this matter.
My wife feels guilty having time off work, she doesn't want to lose pay. Should she stay away from work?
Should we wait for the outcome of Asda's own investigation? Regardless of this investigation and outcome, Should my wife seek legal advice with a view to claim for the attack.
The colleague in question walks past our home each day to and from work, This stresses my wife.
Should my wife have had / should report the matter to the police?

Hope the above is not too rambling but just looking for a steer on the direction we should take.

Thanks for your help

[ULA]

So as I understand the situation my summary of the information you have given is:

1. A colleague of your wife's made a verbal statement to your wife about foreigner's that caused her to be upset.
2. You reported this on her behalf and she was subsequently asked to provide a written statement of what happened to the store manager.
3. Despite the company taking steps to ensure your wife and this colleague did not have to work together, due to staff shortages, this did not happen.
4. This caused your wife to feel stressed about being in that situation and she left early and has been subsequently signed off sick for stress.
5. Pending an investigation of the incident the person, has not as far as you are aware, been suspended.
6. Your wife has not been updated as to what action is being taken against this colleague.

In respect of the final point, unless the company needs your wife to provide further information regarding her statement or to ask her any additional questions that may arise during their investigation they are not obliged to update your wife on what is going on whilst this process is being undertaken. They may decide to advise if further action is to be taken against the colleague following the investigation but again they are not obliged to say specifically what that will be as that is a matter between the company and the individual.

I cannot comment on the specifics of the company's policy on suspension other than consistency should be applied when dealing with issues. Nor can one situation be compared against another necessarily for the same treatment to apply.

In terms of reporting this to the police and calling this an "attack", I need to ask whether your wife would be considered an individual having a protected characteristic either ethic origin or race given what was said by the colleague. I do not mean to offend but it is not something that is clear from your post and is relevant to this situation.