This week we have:
Race discrimination
Can you swap shifts for health reasons?
Who owns training certificates?
Told to take holiday whilst suspended
Retirement, redundancy and holiday pay!
Genuinely self employed after 14 years? Doubtful
Double time for not working a bank holiday?
Restraint of trade clause - Does it prevent me from working?
Working day substituted for another - should I still be paid for my original day?
Forced to take annual leave but insufficient notice
Race discrimination
Q. I currently have a tribunal case pending against my employer for racism, they failed to investigate the matter, I have a final PH listed for February 2023, before it goes to tribunal. The company have now decided to call me in for an investigation meeting, can they do this, despite court proceedings. Your help on this question, will be greatly appreciated
A. Yes, you’re still working there, but I would suggest the investigation meeting is a little late in the day. Do they have a good reason for the delay? Presumably they have responded to your claim with a Form ET3? They would set out their defence in that response form, so I’m not so sure what they hope to gain by holding an investigation meeting now, particularly as you are due to have a pre hearing in February.
They may have taken legal advice since they entered their response and their advisor has recommended they undertake an investigation meeting at this late hour, simply to comply with a fair process. If that is the reason the tribunal will see through it.
What do you have to lose by attending? They may find that you have a genuine case and they look to settle the matter. If there are any negatives to attending, I can’t think of any. Ask if you can take a colleague or a union rep, they may agree, but in any event record the meeting.
Can you swap shifts for health reasons?
Q. If I put in a shift swap due to health reason does my company have to allow the change or find ways to make the job better for me?
Keep reading with a 7-day free trial
Subscribe to Tim The Business Doctor to keep reading this post and get 7 days of free access to the full post archives.