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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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 substantial compensation.

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.

University Manager Succeeds in Unfair Dismissal/Disability Discrimination Claims

Redundancy processes that lack transparency or fail to pay particular regard to the position of disabled employees are highly likely to result in costly Employment Tribunal (ET) proceedings. That was certainly so in the case of a university faculty manager who lost her job in the midst of a restructuring exercise. The woman suffered from depression and general anxiety disorder and was agreed to be disabled. With a view to cutting costs and achieving greater efficiency, the university decided to…

Stable Lass Compromised Employment Dispute ‘Under Duress’

Under the auspices of Acas, employment disputes can be formally compromised by way of so-called ‘COT3’ agreements, thus obviating the need for litigation. However, as a guideline ruling showed, such agreements are unlikely to be worth the paper they are written on if they are entered into under duress. The case concerned a stable lass who lived in tied accommodation. When faced with disciplinary proceedings, she entered into a COT3 agreement with her employer. She subsequently lodged Employment…

Can a Sham Procedure Comply With the Acas Code? Employment Test Case

Responsible employers who follow full and fair procedures in line with the Acas Code generally have a powerful defence to unfair dismissal claims – but what if a procedure is found to be a total sham? The Employment Appeal Tribunal (EAT) considered that issue in an important test case. The case concerned a senior employee who was purportedly dismissed on grounds of redundancy. In upholding her subsequent unfair dismissal claim, an Employment Tribunal (ET) found that the redundancy procedure was…