Nationality is included in the legal definition of race discrimination so the Scottish insult is likely to be a bigger claim.
However, although regions of the UK are not included in the definition please don’t use this as an excuse to start abusing all Geordies, Scousers and Brummies! That is still likely to be classed as bullying and may lead to an unfair dismissal clam.
Did you know that, whereas employees currently need 2 years’ service to bring an unfair dismissal claim, discrimination claims can be brought from day one of employment, or even before the individual is employed if there is evidence they were treated less favourably in the recruitment process. How scary is that? No wonder we posted this just after Halloween!
Our ‘banter and behaviour in the workplace’ 40 minute e-learning course explains many interesting but crucial nuances in the law such as this, with examples. One of those examples covers why a Welsh employee on a building site received significant race discrimination compensation at tribunal from his employer after he was told to ‘go away you Welsh so and so’ but in far more colourful language!
Another example we discuss is whether it is ok to ask a colleague for a date at work? If yes, how many times can you do this before it is sexual harassment? What if the individual who is rejected has influence over the colleague’s bonus, or promotion prospects and makes a harsh decision, could that be seen as sexual harassment?
What about if a straight person says to another straight person ‘that was so gay’, or a similar homophobic comment that we have all heard over the years. Is that discrimination? If so, who could raise a complaint or claim?
All the main types of harassment, discrimination and bullying are covered in the course with examples such as these to aid learning, along with how to tackle those who overstep the mark in a supportive way that changes behaviour but does not negatively affect the workplace culture or lead to you needing to dismiss half your workforce!
Click on the link below for more details, including a 2-minute demo for a flavour of how the tricky subject of sexual harassment is approached in the course, through an interesting example from an actual legal case.
Banter & Behaviour in the Workplace
This new e-learning course describes the various forms of harassment and discrimination in an easy-to-understand format so organisations can appreciate where the bar is at work between acceptable behaviour and that which is likely to lead to a grievance or successful Tribunal claim.
If you have any queries about the course, harassment or discrimination in general please don’t hesitate to contact us. Discounts are available for bulk purchases e.g. if you wish to train the whole team or management team.