wrote in message
news:e75ba176-a8d0-49b2-be07-8666f0f1fa16@e23g2000prf.googlegroups.com...
> 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.
Too vague. What exactly has Joe done, and is it possible to find specific
instances of bullying behaviour on his part, or failure to comply with the
employer's instructions?
The employer should behave like an employer and show some leadership. Sit
down with Joe and Chris, explain that they don't seem to be working well
together, ask each of them to explain what the situation seems like from his
perspective. Then tell them that you expect them to behave in a professional
and responsible manner, and that there will be disciplinary proceedings if
either of them misbehaves.
> 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?
You can't fire anyone without going through a proper disciplinary procedure,
and in the absence of gross misconduct (eg physical assault) an oral warning
followed by a written warning if the conduct is repeated, would be the way
to go. Moving someone to another department is reasonable, but may be
construed as constructive dismissal if it is a more tedious job or has less
opportunity for overtime or promotion.
> I don't
> understand these new discrimination laws, could Joe sue us because we
> fired him because of misconduct linked to his religious belief?
No.
Incidentally the word "sue" isn't accurate - they would take you to an
employment tribunal.
>
> 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?
Yes, could be. Depends on whether it was ordinary carelessness or an act of
extreme negligence, and it is more likely to be the former - still, an
agency worker is probably employed by the agency.
> She knows she could sue us for personal injuries, but I don't think
> she will.
It wouldn't matter much if she did - in fact, you may as well do her a
favour and encourage her to make a claim. Any payments would be made by your
employers liability insurance at no cost to you.
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