ET advice

Emmzi

you are screwed. It is a work card because people at work signed it. Even if the guy says he wasn't offended, unacceptable languge for the workplace is still unacceptable. Expect to be thrown out of the ET in the first 10 minutes. I can fully see why your employer will not settle, your case is ridiculous. I wouldn't settle either, and I wouldn't even need to employ a solicitor to explain why.

DIN786

BlueAngelCV wrote: »

It seems a bit harsh and obviously an attempt to get away with not paying out but I think it all depends on what the comment was. A bit of friendly banter is fine and there are things I say to some colleagues which I wouldn't say to others but nothing that would be considered gross misconduct if it was overheard.

the comment was "finally we are getting rid of the gay " - this comment said as we both were arguing that if more gays or asians would leave due to the early job cuts.

" fun working with you loved your f**ked up drinking stories"

"hope you get banged up the b*um by an aussie " - this coment was said as he told me he went to australia and fancied the men and would wanted what i just stated in thecomment to happen.

then i drew two stick men bent over

This was all said in a friendly banter i am not homphobic and many of my ex-gay colleagues had backed that up there but my ex-employers didnt care. i even explained teh vein of the comments and offered to apologies to the offended people face to face or in a big meeting room with everyone but they didnt really care

DIN786

Emmzi wrote: »

you are screwed. It is a work card because people at work signed it. Even if the guy says he wasn't offended, unacceptable languge for the workplace is still unacceptable. Expect to be thrown out of the ET in the first 10 minutes. I can fully see why your employer will not settle, your case is ridiculous. I wouldn't settle either, and I wouldn't even need to employ a solicitor to explain why.

they stated teh card was bound to be seen by the opffice but this is not the case as my immediate team of 5 we always pruchase our own cards and put inappropriate comments. so it was a personal card

but my arguement here is that i have examples and proffs of case where other employees whom are non-asian used unacceptable language in the workplace they were not even given a first warning or final written warning let alone dismissed.

JessStar

That's really quite offensive.

Regardless of who it's aimed at, if another colleague has felt offence at that (and to be honest, I can see why they might) then you've contravened policy, you're out.

Acc72

DIN786 wrote: »

the comment was "finally we are getting rid of the gay " - this comment said as we both were arguing that if more gays or asians would leave due to the early job cuts.

" fun working with you loved your f**ked up drinking stories"

"hope you get banged up the b*um by an aussie " - this coment was said as he told me he went to australia and fancied the men and would wanted what i just stated in thecomment to happen.

then i drew two stick men bent over

*** Wind up Alert ! ***

DIN786

JessStar wrote: »

That's really quite offensive.

Regardless of who it's aimed at, if another colleague has felt offence at that (and to be honest, I can see why they might) then you've contravened policy, you're out.

yeah but it look offensive on the outside but it was said in a friendly manner with smiley faces. i know now is should not have put that down as a lot of people saw it but when i initally thought 5 people were seeing i was fine as we have that banter

the comments on the other exmaples used are words "fag**t" "fat b**tch big breast" etc even a picture that resembled a "golliwog" would you not find thsoe offensive too?
yet my ex employers deemed comments such as those as not worthy of any discpline yet i was thrown the kitchen sink at

JessStar

It's never 'fine', as you say. Not in a workplace.

Banter is fine, many of my best friends and colleagues are Asian, and yes, we do have a giggle, using various terms ironically, OUTSIDE of work. We would never do it at work, so that the kind of thing that has happened to you, doesn't happen to us.

Everyone has a right to feel comfortable and not discriminated against in life, and at work. Intentionally or not, you have caused someone offence. Its and offence that's covered in law aswell, which is why it's had to be taken so seriously: the comments about the persons weight that you mentioned, while cruel, are not covered under any act of parliament. Comments regarding race and sexuality are, which is why you're on such a sticky wicket now.

I think if you can demonstrate that previous homophobic comments have been overlooked, then you may have a case for unfair treatment, but unfair dismissal, you're pushing it, as you did (intentionally or not) break the rules.

DIN786

JessStar wrote: »

It's never 'fine', as you say. Not in a workplace.

Banter is fine, many of my best friends and colleagues are Asian, and yes, we do have a giggle, using various terms ironically, OUTSIDE of work. We would never do it at work, so that the kind of thing that has happened to you, doesn't happen to us.

Everyone has a right to feel comfortable and not discriminated against in life, and at work. Intentionally or not, you have caused someone offence. Its and offence that's covered in law aswell, which is why it's had to be taken so seriously: the comments about the persons weight that you mentioned, while cruel, are not covered under any act of parliament. Comments regarding race and sexuality are, which is why you're on such a sticky wicket now.

I think if you can demonstrate that previous homophobic comments have been overlooked, then you may have a case for unfair treatment, but unfair dismissal, you're pushing it, as you did (intentionally or not) break the rules.

if i could prove the unfair treatment what would i ge out of that beacuase at teh end of teh dy i do not want my job back i juts want the voluntary severance i was due to get paid before i was dismissed

dandelionclock30

Well your not going to get it and your not going to win at an ET. You say you have worked since you have been dismissed then use those references and move forward.

KiKi

OP. I completely understand that it may have been banter between you - I have friends who I banter with in a nice way. Your problem is that it was on a work card.

It doesn't matter that your friend wasn't offended, someone was.

I think you have almost no case at all, here - you were offensive to someone (not your friend) and were dismissed. I'm also not surprised your employers won't settle, and I wouldn't either.

Sorry. You have to keep that language out of the workplace, even if your friend is fine with it.

KiKi