Workplace racism: the tribunal’s view“The way in which the respondent reasonably believed the claimant had used the word was highly offensive. It was clearly in breach of the respondent's diversity and equality policy. “The facts that the claimant may not have intended to offend and offered some apology do not mean that it was not open to the reasonable employer to dismiss... “Equally the fact that the comments were made in the presence of only white people does not mean the dismissal was outside the band of reasonable responses.”
- he uses the word as “local street talk” and not in a racist way;
- he did not realise that anyone was listening; and
- dismissal was a disproportionate sanction.