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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was disciplined at work for talking about stereo types with

Resolved Question:

I was disciplined at work for talking about stereo types with a fellow worker 1yr after the conversation . Is the company allowed to do this as I feel they cannot and are invading on my right of free speech as both myself and the other worker agreed then and now about points brought up and discussed at the time between the 2 of us .
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you tell me how this all come out after a year and how long have you been with you employer please
Customer: replied 3 years ago.

I have been with my company 20yrs next month . I was originaly questioned about calling a fellow worker a terrorist which I never did . I stated the only thing that was said was when we were talking about stereo types and we talked about how people can be stereo typed by looks or Where they come from . With his beard he would look like your typical movie portrayal of a bomber with myself being of mixed race a thief as I come from Liverpool which he agreed with back then and now .


 


 

Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Expert:  Ben Jones replied 3 years ago.
Thanks for your patience and sorry about the slight delay, I was called into a tribunal today. Whilst it is possible to discipline someone some time after the alleged incident had occurred, the fairness of such action would depend on the reasons for such delay. If the employer knew about the incident back when it occurred but took no action until now, then it is unlikely that the disciplinary would be fair and reasonable. Any issues of misconduct, such as this one, need to be dealt with without unreasonable delay and assuming there were no delaying factors, a year after the incident would generally be considered too late. However, had the issues only recently come to the employer’s attention, they can still take action now because there would not have been an unreasonable delay and they could justify it.

As to the reasons for disciplining you, whilst you may not have necessarily meant to cause offence with your comments, sometimes that may happen anyway even if it was not your intention to do so. This would be especially the case with sensitive comments that would involve race/religion. So an employer would not usually look at what you meant with your comments but how they were perceived by the people that were offended by them. In the end, the employer can still discipline you after they have investigated the allegations and concluded that there are grounds to go further. You have the right to defend yourself at the hearing and can also make a formal appeal once the decision has been made. The last option is to resign and claim constructive dismissal but that would be a significant risk as you will be giving up a lot in the process to pursue a claim with no guarantee of success so don’t just jump for that option and only use it as a last resort.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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