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

4.73 Average

92 Reviews

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 day ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 day ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 day ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 5 days ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 week ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 week ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 1 month ago

Anonymous

Very happy from service received. Highly recommend

Posted 1 month ago