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

4.63 Average

30 Reviews

Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 2 months ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

Posted 2 months ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 3 months ago

Virginia K

Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 3 months ago

Anonymous

Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 3 months ago

Andy W

Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 3 months ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 3 months ago

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 4 months ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 7 months ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 7 months ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 7 months ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 8 months ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 8 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 8 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 8 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 8 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 8 months ago

Anonymous

Excellent work delivered with great quality

Posted 8 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 8 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 8 months ago

Anonymous

Resolved my issues

Posted 8 months ago