Strange but true!
This is because nationality is covered under the definition of race discrimination and harassment whereas region of the UK is not.
Please don’t take this as an open invitation to abuse scousers, geordies or anyone else though as even though this would not be racial harassment it is highly likely to be classed as bullying, which may result in an unfair dismissal claim. Damaging but normally less expensive!
A good example of this was when a builder claimed race discrimination and unfair dismissal after being told to ‘go away you Welsh so and so’ onsite, but in far more colourful language!
The judge decided that, although unsavoury and regrettable, being told to ‘f*** off’ was not unusual at the site and the Claimant had done similar himself previously so the unfair dismissal part of the claim failed. So was calling him a ‘b******’ for the same reason. However, relating the insult to the individual’s nationality was shown to be racial harassment and led to a significant award against the employer.
Although galling for the employers concerned, this stuff can be so interesting, and we have some great discussions about it on courses regarding all forms of harassment and discrimination and where the bar is regarding what is acceptable in work.
You would imagine discussing harassment due to race, sex, disability etc would be incredibly dull but we do it through a series of interesting examples people can relate to, which seems to work well and keeps people engaged. Likewise for bullying.
That is why we have turned the course into a 40-minute e-learning session, again based on interesting examples and case studies to explain the main points rather than droning on about the law. It’s also cost effective at £49.95 or less. Click on the title of the image below for more details including a free 2 minute demo that discusses the issues around a really interesting case. Sorry for the sales pitch!
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 similar examples we’d love to hear them, or if you have any issues you would like to discuss please do not hesitate to contact us.