Dismissed worker argued racist term was “street talk”

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An employment tribunal held that an employee was fairly dismissed after using a racist term at work, despite his arguments that he did so in front of white colleagues only and that he was using “street talk”. Stephen Simpson rounds up recent tribunal decisions. Fair dismissal for use of racist term heard by white colleagues only In Mann v NSL Ltd, the employment tribunal held that an employer fairly dismissed an employee for using a racist term in the workplace. It was unimpressed with the claimant's arguments that he did not realise anyone was listening, did not intend to offend, nor that the word is “street talk” where he lives. During a conversation with three white male colleagues, ambulance care assistant Mr Mann used the phrase “n****r girl” to describe someone with whom he had played darts. When challenged by a white female colleague who overheard, Mr Mann is alleged to have responded: “why, that's what she is”. The colleague subsequently reported Mr Mann to management. Mr Mann was dismissed, despite his arguments that:

• 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.

Mr Mann's employment tribunal claim for unfair dismissal was rejected. The employment tribunal noted that, while there may be room for debate about whether or not the word can be used in some circumstances without causing offence, the use of the word in these circumstances