"Mike_B" wrote in message
news:uJ4$DfFB$l6HFwCO@localhosts.net...
> In message
> ,
> scorpiowulf@googlemail.com writes
>>Names below have been modified for confidentiality.
>>
>>I'm a department manager in a medium sized garage in the Midlands. Two
>>guys work in the sales department who don't get on, one's a devout
>>Christian (Joe) and he doesn't like an openly gay (Chris) employee he
>>works alongside. Joe doesn't want to work in the same department as
>>Chris and he keeps making life difficult for him... this has been
>>going on for a while now and has caused friction with other people in
>>the department too. We're discussing our options and we're opting to
>>fire Joe and move Chris to another department to stop the disruption.
>>Would either of these gentlemen have grounds to sue us? I don't
>>understand these new discrimination laws, could Joe sue us because we
>>fired him because of misconduct linked to his religious belief?
>>
>
> His religious belief is not why you would be firing him, and nothing I am
> aware of in Christ's teachings would require Joe to behave in this way.
> You would be firing him for bullying colleagues and causing disruption in
> the workplace. Not sure why you want to move Chris, what has he done
> wrong? Just make sure you keep full records and follow your disciplinary
> procedures to the letter. This wont necessarily stop someone suing for
> unfair dismissal, but having followed all the correct procedures would
> reduce the chance of them being successful.
>
Discrimination on the grounds of .ual orientation is illegal and grounds
for instant dismissal for gross misconduct (the law say so). If so
dismissed the employment tribunals are closed to him as they will not
consider a dismissal if discrimination is alleged.
You should be aware that if you do nothing, Chris is entitled to take his
case to an employment tribunal where, because discrimination is alleged, the
normal £55,000 limit on awards does not apply. There is *no limit* and 6
figure awards have reputedly been made (admittedly for larger more high
profile companies). This is part of the government policy of not using a
sledge hammer to crack a nut when a 500 ton industrial steam hammer does a
better job. Record keeping to support a defence to any counterclaim is
important.
This is too imporant an issue to rely on the mixed advice that you are
likely to get here. Any advice that you receive here (including mine) is
worth exactly what you paid for it. You should get professional paid for
advice. It will be value for money in the long term.
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