Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Letters

Treading on very dangerous ground

by Personnel Today 19 Oct 2004
by Personnel Today 19 Oct 2004

I have just been reading the ‘Legal’ page (Personnel Today, 28 September), which discusses behaviour outside working hours and what may and may not be done about it.

One of the questions was about a member of staff being known to be a member of the BNP and the fact that a black worker has refused to work with that person. The final answer incensed me.

The question relates to the black worker’s continued refusal to work with the BNP member. At the end of the answer it says “it would probably be safer to dismiss the BNP activist than the black employee”. Why would it? This implies that an employment tribunal would be more likely to find the dismissal of a BNP member as fair than that of a black employee. I can see a successful and very public appeal taking place in this circumstance.

Although membership of the BNP might well be considered, by most people, including myself, to be an odious activity, it is not illegal and our country gives all citizens the freedom to belong to whatever legal organisation interests them.

On what grounds would such a dismissal happen? Relying on ‘some other substantial reason’ is unlikely to be enough in court and would certainly not be enough for the BNP member, who would doubtless make much of this on political grounds.

Would the same advice be given if the black employee refused to work with someone who was a member of a collecting club of some sort, on the basis that they might be bored rigid? The article even stated that the BNP member “has done nothing at work for which he can be criticised”. Therefore, he would be being dismissed on the basis that he might say or do something, at an unknown time in the future, to offend the black employee.

I am sure we could all think of people we would like to see dismissed for their particular political beliefs or activities. However, I am well aware that our employment law does not allow dismissal on the basis of membership of the BNP, or any other political party.

Does a black employee have employment rights not available to others? This is patently not the case and is treading on very dangerous ground.

Details supplied


Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

David Appleton, partner at Lewis Silkin, responds:

“Dismissal of the BNP member may well be unfair. However, if the black employee was so traumatised by the presence of the BNP member that he could not work, dismissal of the BNP member after all other reasonable routes to resolve issues have been exhausted may be fair. The reason that dismissal of the BNP member may be ‘safer’ is that he would probably only have an unfair dismissal claim, where compensation is capped at £55,000, while the black employee could have a race discrimination claim, where compensation is uncapped and injury to feelings awards are available.”

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
TUC steps up campaign for corporate manslaughter charge
next post
Sainsbury’s rethinks people strategy in bid to turn business around

You may also like

Employers must engage temps during economic crisis

28 Aug 2008

Delivering on equality should be a minimum requirement

29 Jul 2008

Unison mistreated members in local government pay strike

29 Jul 2008

Apprenticeships are the way to a more competitive...

29 Jul 2008

Strategic HR initiatives do not have to be...

22 Jul 2008

All religious beliefs should be treated with respect

22 Jul 2008

HR needs to work closely with IT on...

22 Jul 2008

Give Orme a chance and get on with...

22 Jul 2008

Government must practise what it preaches on equality

10 Jul 2008

Total reward statements not the only way forward

10 Jul 2008

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...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 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+