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.

Lay Member of EAT Recused from Hearing Matter of Heated Public Debate

Judicial officeholders are commonly high-achieving individuals with wide experience outside the confines of the law. However, as an Employment Appeal Tribunal (EAT) ruling made plain, they must always be alive to the risk that their extra-judicial activities may give rise to a reasonable apprehension of bias. The case concerned a school pastoral administrator who was sacked after expressing on social media certain views relating to the hotly debated issue of mandatory relationship education in…

A Business is Not an Autocracy – ET Fires Warning Shot

Old-school small business proprietors sadly often place themselves at grave financial and reputational risk by taking an autocratic approach to management. An Employment Tribunal (ET) powerfully made that point in awarding substantial compensation to an unfairly sacked holiday park manager. The manager had a strong bond with the owner of the park, where he had worked for 26 years. After he suffered a major stroke, the owner – who was himself in very poor health – took steps to cater for his…

College Student Required to Work Late Succeeds in Age Discrimination Claim

Mentions of age discrimination may bring to mind images of grey-haired employees being treated less favourably than their younger colleagues. As a case concerning a teenage college student showed, however, young people enjoy the same legal protection as their elders. The student was delighted to find his first job as a restaurant waiter. He was contracted to work 16 hours a week, later reduced to 11 hours, and objected when his manager quite often required him to work between 11pm and midnight.…