"David" wrote in message
news:9d9b18ed-ae02-43dd-ab4e-d9b6c703cc83@e6g2000prf.googlegroups.com...
On 26 Mar, 16:39, Mike_B wrote:
> In message <47ea6c50$...@glkas0286.greenlnk.net>, M.I.5¾
> writes
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> >"Mike_B" wrote in message
> >news:uJ4$DfFB$l6HFwCO@localhosts.net...
> >> In message
> >> ,
> >> scorpiow...@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?
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> >> 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.
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> >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.
>
> That can't be true surely, otherwise the unscrupulous employer would
> always allege discrimination and thereby block any access to tribunals
> for people they want to get rid of.
>
> --
> Mike_B
> - Show quoted text -
It is *not* true !! - AFAIK there's absolutely nothing at all that
prevents such a claim being taken to a Tribunal where it will be
decided on its merits - for example a summary dismissal on a possibly
flimsy or unfounded case of alleged 'discrimination wouldn't be likely
to succed whilst a case of clear and serious harassment
might..............
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Again. See my revised answer.
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