I recently resigned from my role as a manager at a major retail chain.
Over a period of almost three years, I repeatedly raised concerns about racism, unequal treatment and racist abuse from customers. These complaints were consistently ignored, dismissed or left unaddressed. No formal grievance process, investigation or mediation was initiated at the time my complaints were raised.
Instead, following an isolated incident in which I was accused of having an inappropriate “tone” while carrying out my managerial duties, my employer initiated a formal investigation and disciplinary process.
This escalation occurred without any prior informal discussion or warning and despite my previous complaints having never been investigated. I believe this amounted to victimisation for raising concerns about racism.
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The disciplinary and investigation process was unclear, inconsistent and procedurally flawed. It caused me significant distress and anxiety, and I no longer felt safe, supported, or protected in my workplace. I raised concerns about the process with senior management, but these concerns were not meaningfully addressed.
Given the cumulative impact of the ongoing racism, the failure to address my complaints, and the way the disciplinary process was handled, I felt I had no reasonable alternative but to resign.
I need guidance.
Based on the information provided by the reader, the employer in this case has acted “appallingly”, according to Michelle Halloran, independent HR consultant and workplace investigator, of Halloran HR Resolutions.
Noting the reader’s concerns about racism and racist abuse from customers went unaddressed and “ignored”, Halloran says the employer has simply “ignored the law”.
“It’s a neglect of their duty of care to their employees, and they’re breaching their obligations under the Employment Equality Acts,” she says.
Employers who receive complaints from employees who allege racist abuse from colleagues or third parties, such as customers, are obliged to take these seriously and investigate, she says.
Should an investigation conclude that, on the balance of probabilities, this abuse occurred, this should result in sanctions. This could include banning third parties, such as customers, from the premises permanently or for a specified period.
If from colleagues, such abuse is a “sackable offence” if proven, she says.
“They have to take action to protect the employee. They must react,” she says.
One avenue for employees who feel they have no option but to resign is a constructive dismissal case through the Workplace Relations Commission (WRC), though these are difficult to prove as the burden of proof is placed on the employee, she says.
“It sounds like there might be a basis for making a complaint for constructive dismissal, but if it’s going to carry any legs, the employee would need to have written records to prove what happened,” she says.
This could include concerns raised by email which allege racism, unequal treatment or racist abuse from customers going unanswered.
Damien McCarthy, founder and chief executive of consultancy firm HR Buddy, says successful constructive dismissal cases can result in compensation of up to two years’ pay or €40,000, whichever is greater.
“Employers are required to maintain a workplace free from harassment and can be held liable if they fail to act on third-party harassment,” he says.
However, like Halloran, he warns the burden of proof lies “entirely on the employee” to justify their resignation as a “last resort”.
Noting the employee is “aggrieved” with the process that followed a complaint relating to their “tone”, he says this could be a separate avenue in taking a constructive dismissal case.
“Claims are typically made under the Unfair Dismissals Acts 1977–2007, often requiring evidence of exhausted internal grievances,” he says.
He adds advice could be sought from the Irish Human Rights and Equality Commission, which provides support to those who have been discriminated against.
McCarthy says racial abuse of workers in Ireland is “all too common currently.”
“It is a worrying trend that this type of behaviour continues largely unchallenged,” he says. “Everybody has the right to feel safe and protected in their workplace.”
If you have work-related questions, from how to deal with burnout to running your own business, The Irish Times Work Q&A column is here to help. You can use the form below to submit your question. Please limit your submissions to 400 words or less and please include a phone number. Your name and contact details will be confidential and only be used for verification purposes. Any details about your employer will also be anonymised.
