Here at Lincs Law Employment Solicitors, we often advise clients facing disciplinary proceedings. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
What Is Discrimination?
Discrimination is the umbrella term given to actions contrary to the Equality Act 2010. Essentially, the Equality Act 2010 sets out various ways in which treatment of a person related to a “protection characteristic” is unlawful. These Protected Characteristics are as follows:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Race
- Religion or belief
- Sex; and
- Sexual orientation.
Here at Lincs Law Employment Solicitors, we often assist clients who have been accused of acting in a discriminatory manner towards a colleague and facing disciplinary action as a result. If you are in this situation, we are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Can I Be Disciplined For Using Discriminatory Language In the Workplace?
The short answer is yes, you can.
Using discriminatory language in the workplace will most likely be in breach of any employer’s dignity at work and/or discrimination and harassment policy.
Depending on the circumstances, such language could also be in direct contravention of the Equality Act 2010. For example, it could constitute “harassment” which is defined as follows:
“A person (A) harasses another (B) if—
(a)A engages in unwanted conduct related to a relevant protected characteristic, and
(b)the conduct has the purpose or effect of—
(i)violating B’s dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.”
It is important to note harassment (as above) focusses on behaviour that has the purpose or effect of violating someone’s dignity or creating a intimidating, hostile, degrading, humiliating or offensive environment for them. As such, even if you did not intend to cause an offensive environment for a colleague when you used certain language, your actions could still constitute harassment under the Equality Act 2010 and lead to disciplinary action being taken against you. It is sufficient for your conduct to have just had the above effect.
Further, your discriminatory language does not need to have been directed at a colleague with a certain protected characteristic. You could face disciplinary action if, for example, you engage in office “banter” that includes the use of discriminatory language which is not directed at a particular colleague.
If you are facing disciplinary action at work, we would recommend you take specialist employment advice as soon as possible. We are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Can I Be Dismissed For Using Discriminatory Language In the Workplace?
The short answer is yes, you can.
As above, if you have allegedly used discriminatory language at work, your employer could start disciplinary action against you. Your employer should follow their own disciplinary procedure and, in any event, the ACAS Code on Disciplinaries and Grievances. For more information about this, please see here – https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/
The disciplinary process could result in you being dismissed from your employment. This will very much depend on your actions and personal circumstances. Your employer could decide that your actions are so serious they constitute gross misconduct and warrant summary dismissal (i.e., without notice). To be clear, this could be the case even if you have a completely clear disciplinary record. Your employer may still consider your actions are sufficiently serious to break the employment relationship.
Alternatively, you may already have a live warning or disciplinary sanction on your record. In such circumstances, even if your current actions are not gross misconduct, your disciplinary record could push any disciplinary sanction to dismissal.
You may also face other repercussions alongside work-place disciplinary. If your behaviour falls within the definition of discrimination under the Equality Act 2010, including harassment (as above), your accused could issue claims against you individually at the Employment Tribunal. If you are in this situation, we would advise you to take specialist employment advice. We are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
I Have Been Dismissed For Using Discriminatory Language At Work – What Should I Do?
If you are dismissed from your employment, you should be afforded the opportunity to appeal the decision. For more information about this, please see here – https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/
If you are unhappy with your employer’s decision to dismiss you, we would advise you submit an appeal. This is because:
a) If you do not appeal, your dismissal will remain on your personnel record and cannot be challenged (internally) months later. Think of your appeal as your last chance to challenge your employer’s decision, to put forward your case and potentially change the outcome. By submitting an appeal, your employer may consider your submissions and change the outcome (for example, you could be reinstated with a Final Written Warning).
b) Also, if you are considering pursuing a claim in the Employment Tribunal, an Employment Tribunal Judge will expect you to have exhausted all internal processes which would include appeals. They can reduce your compensation if you fail to do so.
I Have Been Dismissed For Using Discriminatory Language At Work – Do I Have An Unfair Dismissal Claim In the Employment Tribunal?
The answer is, again, potentially yes!
Generally, you need at least two years’ continuous service with your employer to bring a claim of Unfair Dismissal at the Employment Tribunal. There are, however, limited exceptions to this rule. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/unfair-dismissal-less-than-two-years-service/
If you have at least two years’ continuous service with your employer or one of the exceptions (as above) applies, you may have a potential claim for Unfair Dismissal in the Employment Tribunal.
To explain, in a claim of Unfair Dismissal, the burden would be on your employer to prove to the Employment Tribunal that:
- They had a potentially fair reason to dismiss you; and
- In the circumstances, it was reasonable to dismiss you.
Here at Lincs Law Employment Solicitors, we have assisted clients who have had Unfair Dismissal claims after being dismissed from work for allegedly using discriminatory language. For example, where their employer:
- Could not have had a genuine and justifiable belief they had committed the act(s) of misconduct based on the investigation conducted and/or
- Failed to follow a fair disciplinary procedure and/or
- Made an inconsistent decision to dismiss them from their employment. For example, where other colleagues had acted in a similar manner but had not been dismissed.
Here at Lincs Law Employment Solicitors, we recognise that each client’s circumstance is different. We would therefore advise you to seek detailed specialist advice in relation to your situation. We are here to help. By providing you with advice about your situation and by setting out your options clearly, we can help you regain some control over your workplace issues and make informed decisions about how you want to go forward. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Unfair Dismissal – Employment Tribunal Time Limits
If you have been dismissed from your employment and you wish to pursue a claim in the Employment Tribunal, it is very important that you are aware of the relevant time limits.
You must start the Employment Tribunal process within three months (less one day) of the date of your dismissal. You start the Employment Tribunal process by initiating ACAS Early Conciliation. More information about ACAS Early Conciliation can be found here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we regularly advise clients who are facing misconduct allegations or who have, unfortunately, been dismissed from their employment. We understand that such circumstances can have a devastating effect on you and your family. As specialist employment solicitors, we would be delighted to help you.
If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, please contact us for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances disciplinary Disciplinary Action disciplinary appeal disciplinary dismissal disciplinary hearing Discrimination equality act 2010 Kate Key Lincs Law Employment Solcitors specialist employment solicitor unfair dismissal