Apologies in advance for a long and legal post!
Hi everyone. I am usually a lurker, but these last few days of posts have just pushed me over the edge: I’m a woman with a significant disability (a mongo cunt to use the Team RH parlance).
I have been thinking about ways to stop these bullies ruining the lives of their customers *and* employees. If someone has mentioned this before then I’m sorry, but this is the only way I’ve come up with that hasn’t been mentioned before. The only problem is that it would require a *lot* of courage from at least one of TRH’s employees. I imagine quite a lot of them read here, so that’s why I thought I’d post.
The 2010 Equality Act sets out 9 “protected characteristics:” age,
disability, gender reassignment, marriage & civil partnership, pregnancy,
race, religious & philosophical beliefs,
sex and sexual orientation (I’ve put the PCs that I know to be relevant for our purposes in bold, though I listed all of them as you may have evidence of discrimination that has not been posted to the group).
S.26(1) of the Equality Act states that if a work colleague “engages in unwanted conduct related to a relevant protected characteristic” and this conduct has the effect of creating an “intimidating, hostile, degrading and humiliating environment” this amounts to harassment and the employer can be taken to court.
There is no way on earth that those WhatsApp messages wouldn’t mean the criteria as they mock disabled people, BME people and – of course – women.
It’s also important to remember that under the Equality Act you don’t have to actually have the PC yourself to take the employer to court: for example if a complaint was made against TRH by a white, non-disabled man it would be just as valid as if it were made by a BME, disabled woman.
Also, s.27 prohibits employers from “victimising” employees who make complaints to the court, meaning that the employee could be further prosecuted if he were to try to punish the claimant or make him or her try to retract their claim.
I know that taking a claim of harassment against TRH would be a very difficult and frightening thing to do, but if proof of their awful behaviour got into a court of law and a judge was to condemn it in a legal judgment that cannot be altered or deleted, not to mention the press interest, I truly think that that would be a blow that those awful bullies would not be able to bounce back from.
If nothing else, it might deter more people from joining up if you could easily refer them to a legal judgment condemning their practices. Or maybe I’m being too hopeful? Lots of solicitors offer a free consultation if you want to ask someone legally qualified any questions. I honestly can't imagine how stressful it is to work with that lot!
Anyway, sorry about the long post and back to lurking for me.