Accused of racism at work

LegacyUser

My partner has been accused of racism in the workplace by a customer. The customer made a formal compliant to head office. This customer has been verbally abusive in my partner's workplace on a number of occasions to my partner and the last time the customer was in, my partner directed him towards a work colleague for service. While the customer was being served by my partner's colleague, he was still abusive toward my partner. My partner was serving a customer also at the time and she told my partner she was shocked at how the customer was behaving.

A week later my partner's workplace gets a letter of compliant about him. My question is what are the procedures for such an accusation and could he actually lose his job over this? He is beside himself with worry as he doesn't know what happens now. He hasn't been suspended.

blindsider

We don't give legal advice here, and it may be worth considering.

In general, I'd make the following points:

i) Is your partner a member of a union? They should be able to help.

ii) Get your partner to write down EVERYTHING that happened. who said what to whom, times, dates, locations witnesses etc. Is there CCTV on-site?

iii) If a colleague witnessed any of the alleged incidents (Verbal abuse), ask them to write down their recollection. These 2 points should be addressed immediately. Is the customer, who witnessed the abuse, known to you, and would they make a statement?

iv) Has your partner seen the letter of complaint? He should be given a copy for reference. You need to find out if the complainant is just 'having a rant', or is the customer alleging a clear incidence of racism?

v) What procedure does your company have for dealing with this incident? The procedure should be clearly laid out (Employee handbook), and HR or the Manager should have outlined this. Often there is a timeframe for investigating complaints.

vi) Your partner has a right to be heard, and to bring a witness to any meeting. Also, if required, your partner is entitled to be represented at such a meeting.

vii) In some companies, there are signs stating that 'abuse of staff' will not be tolerated. Does your company have this?

viii) Did your partner report 'verbal abuse'? If it was serious, he should have....

ix) Allegations of racism should be taken very seriously. It is illegal and usually considered Gross Misconduct.

Companies have a duty of care to their staff - no-one has the right to verbally abuse an employee, and your company should take steps to prevent this from happening.


Professional advice might be very useful - it's a tricky and difficult situation.

delthedriver

blindsider wrote: »

We don't give legal advice here, and it may be worth considering.

In general, I'd make the following points:

i) Is your partner a member of a union? They should be able to help.

ii) Get your partner to write down EVERYTHING that happened. who said what to whom, times, dates, locations witnesses etc. Is there CCTV on-site?

iii) If a colleague witnessed any of the alleged incidents (Verbal abuse), ask them to write down their recollection. These 2 points should be addressed immediately. Is the customer, who witnessed the abuse, known to you, and would they make a statement?

iv) Has your partner seen the letter of complaint? He should be given a copy for reference. You need to find out if the complainant is just 'having a rant', or is the customer alleging a clear incidence of racism?

v) What procedure does your company have for dealing with this incident? The procedure should be clearly laid out (Employee handbook), and HR or the Manager should have outlined this. Often there is a timeframe for investigating complaints.

vi) Your partner has a right to be heard, and to bring a witness to any meeting. Also, if required, your partner is entitled to be represented at such a meeting.

vii) In some companies, there are signs stating that 'abuse of staff' will not be tolerated. Does your company have this?

viii) Did your partner report 'verbal abuse'? If it was serious, he should have....

ix) Allegations of racism should be taken very seriously. It is illegal and usually considered Gross Misconduct.

Companies have a duty of care to their staff - no-one has the right to verbally abuse an employee, and your company should take steps to prevent this from happening.


Professional advice might be very useful - it's a tricky and difficult situation.

Your partner should speak with an Employment Law Specialist. He does not want find himself as the fall guy in this situation. This is a very serious allegation , he needs the best advice!