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Need advice re sexist/racist workplace bullying.

(7 Posts)
Sissyinthesummertime Fri 26-May-17 14:56:26

I've walked out of work (Wednesday) as I couldn't stand to be around my boss any longer. He is sexist/racist and just downright horrible.

I did go straight to the doctor and get a fit note to say I was unable to come to work due to 'work place stress'.

I have only been there 18 months, and can't claim constructive dismissal etc. However, the main reason I couldn't be there any longer are due to his continuous comments about my race. He imitated my accent on a daily basis, for example. He makes extremely racist comments to other members of staff. He talks inappropriately about his sex life, what he thinks of homosexuals, women in the workplace (we should all be at home washing up). The list is endless.

However, he is the Managing Director, it's his company. There is no one above him. I am afraid of him.

Despite paying me for sick leave in the past, he hasn't this time (I got paid today and he has deducted pay from the day I walked out to the end of the month). It's not in the contract so he can do this, but it's just another thing to beat you with.

I think my question is, can I do anything about this? i.e. under the protective characteristics? Do I have to prove that he treated me less favourably because of my race, or is it enough that he has behaved in the way that he has? I'm just so confused on what to do next?

Enelya Fri 26-May-17 15:05:25

Hi, I don't have any experience myself, but could ACAS help? I think they have a phoneline?

Heratnumber7 Fri 26-May-17 15:18:04

I would go to CAB for advice. His company or not, he is breaking the law.

daisychain01 Fri 26-May-17 18:11:56

I would contact ACAS and give them a factual description of specific recent times your boss has been offensive towards you due to your race (as a protected characteristic from day 1 of your employment)

You do need to be careful in terms of accuracy. Don't embellish anything, but if he is as a bad as he sounds, then you might be able to bring a claim.

You can bring a group claim to Tribunal, so if there are several of you with equivalent circumstances, then it does build a stronger case than a lone claimant, provided the facts are carefully expressed.

You need guts to go to Tribunal, so I would consider whether you feel strongly about moving forward. Having colleagues there to support each other will help.

daisychain01 Fri 26-May-17 18:20:26

Regarding whether he discriminated against you, you would need to give sufficient information to show how he treated you differently (less respectfully, singled you out, humiliated, disenfranchised you etc) as a direct consequence of your race. You would have to argue that other employees were not made to suffer as you did and that they were treated more favourable basically because he targeted you and did not mete out the same treatment to them.

Wetcappuccino Fri 26-May-17 18:27:14

This is racial and sexual harassment under the Equality Act. Speak to Citizens Advice about your rights and possible legal recourse.

EBearhug Sat 27-May-17 02:04:13

I have only been there 18 months, and can't claim constructive dismissal etc

If it's for protected characteristics such as sex or race, there is no minimum length of service.

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