Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

An employee has lost his claim for unfair dismissal after he admitted using a racist word at work.

Mr Mann lost his claim for unfair dismissal in the Employment Tribunal after it was found that his employer, NSL Ltd, had acted fairly in dismissing him for using the word “n*gger” in front of colleagues at work.

Mr Mann, who was an ambulance care assistance at NSL Ltd, was having a conversation with three white male colleagues when he used the phrase “n*gger girl” to describe someone whom he had played in game of darts. A white female colleague overheard Mr Mann state this and challenged him on the use of this phrase at work; upon being challenged Mr Mann argued “that’s what she is”. The female colleague subsequently complained about Mr Mann’s conduct and a disciplinary process was commenced.

During the investigation into Mr Mann’s conduct he admitted using the racist word, with his colleagues corroborating this fact. Mr Mann said that he did not mean to say the word as a racist gesture but accepted that he would not say the word to a black or Asian person. Mr Mann was dismissed following a disciplinary hearing and appealed, with his appeal being rejected after a further hearing.

Following the rejection of his appeal Mr Mann made a claim for unfair dismissal in the Employment Tribunal, alleging that he had used the word as “local street talk” and that the term was not intended to be racist or derogatory and, further, that his dismissal was a disproportionate sanction. He also argued that a colleague had also used the word without being punished, and alleged that this amount to unfair treatment.

The claim came to the Employment Tribunal earlier this year, with the Employment Tribunal rejecting Mr Mann’s claim for unfair dismissal. The Tribunal found that Mr Mann was “clearly culpable” for his behaviour and that the employer had undertaken a fair and impartial investigation, basing their decision to dismiss on the facts gathered in that investigation. The Tribunal also found that the procedure used to dismiss Mr Mann was fair because the allegations were clearly put to him, he had the opportunity to respond, and Mr Mann was given the right to appeal against his dismissal.

The Tribunal also found that it made no difference that Mr Mann had not realised that anyone else was listening, nor that he did not mean to offend anyone. The Tribunal also commented that it was irrelevant that the comment was made to white people only.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “If an employee uses offensive language at work then this constitute grounds for the employee’s dismissal, depending on the circumstances. However, employers must make sure that they conduct a fair, thorough and impartial investigation into any allegations of offensive conduct and must ensure that any decision to dismiss is based upon the findings of that investigation. A failure to carry out a fair disciplinary procedure could mean that the employer opens itself up to a potentially successful Employment Tribunal claim.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.67 Average

66 Reviews

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 week ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 2 weeks ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 4 weeks ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 4 weeks ago

Anonymous

Good advice

Posted 4 weeks ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 4 weeks ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 4 weeks ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 4 weeks ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago

Anonymous

They are busy people but manage well so generally I would recommend them.

Posted 1 month ago

Anonymous

Very efficient and professional service from my first phone call making an enquiry. Timescales of the matter in hand were met and within the agreed budget. Would highly recommend Redmans

Posted 1 month ago

Lisa B

Really very good service, always available to answer questions, provide my with any information I needed to make informed decisions.

Posted 1 month ago