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.

Restructuring Exercises and Redundancy – Guideline EAT Ruling

Not every corporate restructuring or cost-cutting exercise gives rise to a genuine redundancy situation. The Employment Appeal Tribunal (EAT) made that point in addressing a risk manager’s unfair dismissal claim. Following a review of its business with a view to cutting costs, the woman’s employer resolved to consolidate its three risk teams into two. She and another risk manager were warned that they were at risk of redundancy. Following consultation and a selection process – in which she was…

Knee-Jerk Dismissals Are No Way to Resolve Boardroom Conflicts

Boardroom tensions often lead to precipitate action but resorting to dismissal without following proper procedures is never a good solution. An Employment Tribunal (ET) made that point in upholding whistleblowing, unfair dismissal and age discrimination complaints brought by a start-up company’s former chief financial officer. The woman’s dismissal occurred against a background of increasingly dysfunctional boardroom relationships. Without due process, she was removed as a Companies House…

What is a Detriment? EAT Ruling Clearly Sets Out the Correct Legal Test

The question of whether someone has suffered a ‘detriment’ is the central issue in a great many employment cases where discrimination or victimisation is alleged. In an important decision, the Employment Appeal Tribunal (EAT) has given authoritative guidance on the correct legal test to be applied in such cases. When applying to become a police officer, a man at the outset disclosed to the force concerned that he was in the process of pursuing an employment claim against another force, alleging…