dismissal from work

[pollyspeed]

5 colleagues from my place of work were suspended for breaching the employers (a local Council) internet and e-mail policy (basically they sent personal e-mails to each other). 2 of the staff members were eventually sacked, 1 resigned as he wanted to leave anyweay and the other 2 were given final written warnings and reinstated at work. They were all suspended at the same time and all charged with the same thing so how can 2 be reinstated but the other 2 get sacked? The 2 who were sacked are appealing the decision and want to raise the issue of race as they are both asian and the 2 who were reinstated were white. Do you think they have a case and how do you think they should word their appeals? thanks in advanace

[Richard1966]

If they worked for a local authority they will have had the opportunity to have joined a union. If they are members they should speak to their union rep. IF not seek expert help from a solicitor familiar with employment law. Race Discrimination is not easy to prove so they will require help from someone who knows what they are doing.

[boxtops]

Perhaps the two who were sacked had previous warnings against them? I'm wondering if the ones who were reinstated received the emails rather than sending them? There must be some reason for the different treatment.

[4getmenot]

is that council local to Norfolk? Any jobs going now then?

[factor-fiction]

It depends on the circumstances- e.g. had they had warnings before, how often they had used the PC for private emails/personal internet use etc

[pollyspeed]

thanks for the responses. they are both union members but the union seem afraid of being seen to be 'playing the race card'. neither had previous warnings against them and both had excellent work performance records. they had all received the e-mail and had all then forwarded it on. no it isnt norfolk council and i doubt if there are any jobs at any councils at the mo as they are all cost cutting! the staff need to put a written appeal in by the 10th of this month but need some help with the wording of it rather than just coming out with the 'is it cos im black' statement. any ideas?

[4getmenot]

Bummer! lol

[bednobs]

maybe they can just leave it to "two other colleagues with exactly the same circumstances have been reinstated, why have we been treated differently"

[boxtops]

I think bednobs' suggestion is good - keep it simple - the appeal is against differential treatment of people who apparently have done exactly the same thing.

[pollyspeed]

thanks for that, I agree, keep it simple to start with at least and ask the council to explain the seemingly inconsistent treatment. I have also passed on the advice for getting a solicitor who deals with employment law. thanks everyone.

[Richard1966]

Im unfortunately not surprised at the unions stance, however this could be a local reps response. They should take a request for assistance further up the union hierarchy, after all its what they have been paying their subs for.

[twix123]

Seek impartial advice from ACAS.

[Mamyalynne]

I agree ACAS are the best to advise here, sometimes the unions don't want to help, though they should.

[Eve]

I was also going to suggest ACAS.

There could be all kinds of reasons though I'd have thought the council would have be especially careful to avoid any hint of racial discrimination with the polices and such they would have in place and that the culture would nowadays tend to be defensive more than anything. Awful if it is race related though.

How long had the 4 been employed out of interest?

Could there be more to it than you have been told?

[thugulike]

They must mention in their appeal any reason which they may use in a claim to Tribunal, so race must be stated.

[Twenty20]

I'd be really surprised if this had anything to do with race. Local Authorities in general tend to bend over backwards to make sure everything is done by the letter and is 'politically correct'. I'd guess there's probably more to this than you've been told.

They can appeal the decision but playing the race card where there's no evidence probably wont do them any favours. You make no mention of any race related problems previously - indeed you say these two have been given 'excellent' reports, so it hardly sounds like racism.