Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Legal Q&A

Racial tensions

by Gareth Brahams 28 Sep 2004
by Gareth Brahams 28 Sep 2004

One of our staff was clearly seen to be supporting the British National Party (BNP) at the by-election resuls. News has spread around the office like wildfire, and now one of his black colleagues is refusing to work with him. What should I do?

If one of your staff engages in unwanted conduct with the purpose or effect of violating the dignity of another employee, or creating a hostile, degrading, humiliating or offensive environment for them on the grounds of race, then the first employee may be racially harassing the second, and you may be vicariously liable.

But in this particular instance, he has done nothing at work for which he can be criticised, and there is no suggestion that he has courted publicity. As such, he cannot be regarded as acting inappropriately in the course of employment, so there is no risk of vicarious liability at present. All you can do is bring the terms of the equality policy and disciplinary procedure to his attention, so that he is made aware that any act of discrimination committed in the course of employment will be considered as gross misconduct.

What about the black worker?

While expressing every sympathy, you should explain that you cannot discipline the BNP supporter for activities out of the workplace unless they affect his ability to do his job. However, you can say that you have informed them of their obligations in relation to the equality policy, and the consequences of not following it.

What if they still refuse to work with the BNP activist?

Again, this may be a situation where “some other substantial reason” comes into play. You should look for an alternative position for both of the individuals with a view to moving one out. If this becomes impossible, it would probably be safer to dismiss the BNP activist than the black employee.

Avatar
Gareth Brahams

previous post
Me, the bully and HR
next post
Initiatives needed to encourage mothers back to work

You may also like

P&O Ferries’ redundancy obligations: Legal Q&A

28 Mar 2022

Legal Q&A: Sunday working changes for shop workers

26 May 2016

Legal Q&A: Unauthorised absence

15 Oct 2013

The qualification for a constructive dismissal claim

14 Oct 2013

Legal Q&A: Sunday working

16 Sep 2013

Legal Q and A: The duty of mutual...

23 Apr 2013

Legal Q&A: Complying with the prevention of illegal...

27 Mar 2013

Legal Q&A: Justifying age discrimination

4 Mar 2013

Legal Q&A: Constructive dismissal

19 Feb 2013

Legal Q&A: The Enterprise and Regulatory Reform Bill

5 Feb 2013
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+