Victim of Anti-English Workplace Abuse Receives Substantial Damages

A certain amount of workplace banter may be tolerated, but every sensible employer is aware that it may be the thin end of a wedge leading to unlawful discrimination. In a case on point, an English lorry driver who suffered wounding verbal abuse after taking a job north of the border was awarded…

Jun 29, 2021

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The man’s line manager did not like him and referred to him in demeaning and foul-mouthed terms by reference to his nationality. During a football tournament, he was informed that he, like the England team, would soon be on a bus back to England. The manager also remarked that, when Scotland gained independence, he would have to go home, meaning return to England.

After he launched proceedings, an Employment Tribunal found that he had suffered discriminatory harassment on grounds of his nationality. His unfair dismissal claim was also upheld on the basis that an investigation into alleged misconduct on his part was inadequate. His former employer was ordered to pay him £13,306 in compensation, including £12,000 for injury to his feelings.

Health and Safety – Spa Hotel Appeals Against Legionella Bans

It is hard to imagine circumstances that might outweigh the imperative of maintaining public health and safety. The point was made by the case of a spa hotel which had its pools and hot tubs placed off limits after a former guest was admitted to hospital suffering from Legionnaires’ disease. After the man was taken ill, the hotel’s manager agreed voluntarily to prohibit use of its showers, indoor hot tub and indoor swimming pool until water sample results were received. Public Health England…

Inadequate Workplace Toilet Triggers Direct Sex Discrimination Finding

As those who follow the news will know, public and workplace toilet facilities are the focus of a national debate concerning gender. In an employment case on point, a female office clerk who had to share a toilet with male colleagues succeeded in a direct sex discrimination claim. The woman worked for a local authority in a building fitted with both male and female toilets. She used the female toilet when she could, but accessing it was problematic in that it was in part of the building used by…

Use of Discriminatory Words in the Workplace – Context Always Matters

Employers are entitled to enforce zero-tolerance policies in respect of discriminatory remarks in the workplace. As an Employment Tribunal (ET) ruling showed, however, a thorough investigation is always required prior to a dismissal, not least because words that may be utterly unacceptable in one context may not be in another. A sales manager with an otherwise blemish-free disciplinary record was summarily dismissed on grounds of gross misconduct on the basis that he had used the discriminatory…