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.

Employer Pays Price for ‘Abject’ Failures in Disciplinary Process

Dismissing an employee for misconduct without first engaging in a transparent and fair disciplinary process is the legal equivalent of holding a gun to your head. In a case on point, an Employment Tribunal (ET) did not mince words in publicly exposing an employer’s abject procedural failures. A gas engineer who had risen to a senior management role in the company for which he worked was summoned to a meeting on his return from a business trip. He was informed that a client had complained about…

There Is No Duty to Maintain Pedestrian Thoroughfares in Perfect Condition

Highway authorities and private landowners alike are under a legal duty to address tripping hazards so that pedestrians can move around in reasonable safety. As a High Court ruling made plain, however, that is not a counsel of perfection. The case concerned a 64-year-old woman who suffered a nasty fall whilst making her way back to her car after purchasing a newspaper from a local shop. She launched a personal injury claim against the owner of the shop’s forecourt and the local highway…

Workplace Banter May Be Fine, But Not If it Tips Over Into Harassment

A certain amount of foul-mouthed banter is only to be expected in a robust working environment. As an Employment Tribunal (ET) ruling showed, however, employers who allow it to tip over into hostile and discriminatory abuse are likely to pay a high financial and reputational price. The case concerned a white worker, aged in his early 50s, who was employed by a tyre recycling company. He worked as part of a small team in which white people were in a minority. He said that a younger black…