On 26 Mar, 14:06, scorpiow...@googlemail.com wrote:
> 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?
>
> Also, since I'm posting, my boss fired an agency worker who barged a
> door open after going out for a cig when he wasn't supposed to,
> knocking down my boss's secretary and giving her back pains. Would
> that be unfair dismissal?
> She knows she could sue us for personal injuries, but I don't think
> she will.
>
> Any help you could suggest would be fantastic!
>
> James
For a start, the employer is what they call vicariously liable for all
you do and all Joe does to Chris and the only defence is that they
took all reasonable steps to train and educate you all in such issues,
which plainly they haven't.
If you move Chris, whatever you do to Joe, you/your employer may well
have committed an act of direct discrimination.
If Joe actually harasses Chris, Chris has protection both under the
Protection from Harassment Act [no employer defence applies here] and
under .ual orientation discrimination law and ultimately the
employer can be taken to cleaners.
The 'textbook' answer would be to educate/train everyone in these
matters and if there's any indication of harassment warn Joe very
clearly and on the record that it is unlawful and why and will not be
tolerated. If necessary take him through the disciplinary process of
staged warnings and if he doesn't stop then dismiss him making sure
you follow the statutory dismissal procedure. Or if there's already a
case for serious harassment dismiss Joe after full investigation for
gross misconduct.
Joe's religious beliefs are irrelevant here in that whatever he feels
that can never condone or justify acts of unlawful discrimination.
So the advice to all is get some specialist training and advice and
quickly or you may well end up in deep doodoo......... |