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...what are my legal options with regard to making a complaint to his superiors

2007-07-16 06:01:29 · 16 answers · asked by Anonymous in Politics & Government Law & Ethics

what are my legal options with regard to making a complaint to his superiors The team i work in is very small only 3 others including my line manager. The other 2 guys have assured me they would validate my complaint should i choose to do so. We work on a private owned estate in a small village. there is no HR dept and i am the only one in a mixed raced marraige. I need to be completely sure of my legal right. I have made it clear to my manager over the last 2 years that i dislike his comments and all goes quite but then a few months later the issue re arises

2007-07-16 06:18:11 · update #1

16 answers

Well, he shouldn't be using those terms he's obviously a bit of a tosser.

First I suggest confronting him politely first- preferably with an objective, rational 3rd party and simply voice you disapproval of these names.
Next- see his manager and make your complaint if he doesn't change his ways.
Third- then is the time to bring in a external 3rd party if your reasonable demands are not yet met.

As an employer- go through you management structure first- see especially your HR manager.
When or if everything is unsatisfactory after pursuing all 'in-house' solutions- the is the time to engage teh external party.
If you press charges too early- the defence will argue convincingly that you had every opportunity not to bring it to court- so why didn't you?

You have to consider both sides of the argument, yeah?

So you do the right ting and follow it up at work first.

EDIT:
it's got no bearing who or what you are- he shouldn't be doing it it's illegal racial harassment.
Keep a journal of his comments- a tiny notebook in your pocket is perfect.
Start backdating your record of abuse- be as honest as possible.
Make a recording if possible.
Speak to a Union rep for your industry.
Speak to CRE.
Seek legal advice.

2007-07-16 06:40:07 · answer #1 · answered by B.o.B 2 · 1 2

Use of such ethnic slurs around (or towards) subordinates or coworkers is considered racial harrassment and "creation of a hostile workplace environment", both of which are civil violations that can easily get a company sued. I would try to first talk calmly and rationally to your line manager in private (at a time when he's not distracted or busy) and try to get him to understand that his conduct in the workplace is offensive, inappropriate and actually illegal. It's possible he's not a bad guy and doesn't mean any harm, but is just a clod who doesn't know any better. But if he's a complete neanderthal who basically tells you to piss off, or just walks away from you and can't be reasoned with, then talk to his supervisors. It may be best to send it to them in writing as a certified letter so you have a record of your complaint (courts look much more favorably on plaintiffs who first made honest attempts to resolve their problem privately before taking up the court's time with a lawsuit). And if the company doesn't take your complaint seriously, then speak to a labor law attorney about the possibility of filing a lawsuit.

2007-07-16 13:52:42 · answer #2 · answered by Anonymous · 0 2

Complain, complain, complain. Doesn't matter if he's joking, doesn't matter if you're the only one who's in a mixed race marriage. Any normal human being will be insulted by this sort of language. You say you've already tried speaking to him, which is always the first step expected of you. Take the next step. and keep a journal. Speak to a union, even if the employer doesn't recognise them they can still offer advice. Also, with my home insurance I get free legal advice and support- check if you get the same, and if so get advice from them. don't let the bullies rule. good luck

2007-07-16 15:15:45 · answer #3 · answered by Cocoa 1 · 0 2

I'm not sure about chalky and darky but pakki is considered racist. This is not just an issue for your employers - this is against the law and could be reported to the police. First remind your manager of this and if that does not work, remind your employer. If they do not stop it, inform the police.

2007-07-16 13:14:45 · answer #4 · answered by Angel A 3 · 0 2

You have every right to make a complaint to his superiors.
First, tell him you find his comments offensive and that if he doesn't stop, you will have no option but to report him. Racist remarks do not make someone look clever. Tell him he is making himself look stupid and is losing the respect of everyone around him by the way he goes on.

2007-07-16 13:12:34 · answer #5 · answered by mel 4 · 0 2

By his choice of words he sounds like he is an ex-serviceman.
If he is you should not take offence, servicemen use this kind of language all the time, though not in an offensive manner.
If he isn't he is an ignoramus and should be ignored.

2007-07-16 13:31:44 · answer #6 · answered by Andrew M 3 · 2 0

Maybe you should try talking to him first. If that doesn't work then complain to his superiors. But know one thing, you won't be able to change his feelings. But the workplace is no place for derogatory comments especially from a superior. Good luck. 2D

2007-07-16 13:06:17 · answer #7 · answered by 2D 7 · 0 2

If you are serious, and this is not a wind up, you can report your manager to your HR department who should protect your identity. These terms are highly offensive and contradict the laws against racial discrimination.

2007-07-16 13:07:23 · answer #8 · answered by Christina K 6 · 0 2

Check your company handbook, however he is being racist, plain and simple. The company has to do something about that. I personally cannot believe some idiot in this day and age will use those terms........ If your company refuses to do anything threaten them with going to the local newspapers.

2007-07-16 13:06:42 · answer #9 · answered by Jojotraveller 4 · 0 2

talk to the line managers manager

2007-07-17 04:41:47 · answer #10 · answered by vdv_desantnik 6 · 0 0

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