Is it dismissal offence?

atothec

Hi so to keep it short and hopefully make sense, 
Other day couple of colleagues from same company but different department came to work with us as they department is quite,
I jokingly and these are exactly what a said to them GOOD MORNING REFUGEES FROM(name of they department) ARE YOU COMING TO HELP US TODAY, and they both said good morning to me, after a while I asked them to mop floor as machine was broken down, anyway they stayed there 4 hou9and took rest of day holiday as they were bored and they didn't mention anything about being upset for what I said to them, day after they refused to come and they raised GREAVEANCE against me as I offended them and now HR is investigating and I have been called in meeting yesterday about which I explained what happened and what I meant, but the HR made it clear that they not happy I used the word REFUGEES,
I'm very worried about loosing the job. 

(f,y,i. The people who I said that they English, and I'm foreign thst shouldn't matter really as its equal opportunity) 

Undervalued

atothec said:

Hi so to keep it short and hopefully make sense, 
Other day couple of colleagues from same company but different department came to work with us as they department is quite,
I jokingly and these are exactly what a said to them GOOD MORNING REFUGEES FROM(name of they department) ARE YOU COMING TO HELP US TODAY, and they both said good morning to me, after a while I asked them to mop floor as machine was broken down, anyway they stayed there 4 hou9and took rest of day holiday as they were bored and they didn't mention anything about being upset for what I said to them, day after they refused to come and they raised GREAVEANCE against me as I offended them and now HR is investigating and I have been called in meeting yesterday about which I explained what happened and what I meant, but the HR made it clear that they not happy I used the word REFUGEES,
I'm very worried about loosing the job. 

(f,y,i. The people who I said that they English, and I'm foreign thst shouldn't matter really as its equal opportunity) 

Possibly!

To dismiss fairly (in law) an employer needs a "reasonable belief" that the misconduct took place and dismissal must fall within the range of sanctions a reasonable employer might choose.

However, if you have been employed for less that two years you cannot claim unfair dismissal (except in limited circumstances that don't apply here). In which case the employer could dismiss for no reason at all as you would have no redress.

TELLIT01

If your actions are grounds for dismissal the world really has gone mad.  It should be pretty obvious what was meant when the term was used i.e. that people had been moved from their normal working environment.  In this instance I would say that the fact those referred to as refugees are English is definitely relevant.  Had it been said to BAME staff it might give somebody an excuse to try to play the race card.

Irrespective of the outcome, it's a lesson in the risks of trying to make a joke in the modern workplace.  Whatever you say, somebody will find a reason to take offence - often on behalf of others who haven't been offended.  (Rant over)

Mickey666

F-F-S.  The world is going mad, 

On the face of it (assuming the OP's account is all there is to this whole incident) this should be worthy of a verbal warning at most.

atothec

Mickey666 said:

F-F-S.  The world is going mad, 

On the face of it (assuming the OP's account is all there is to this whole incident) this should be worthy of a verbal warning at most.

Honesty, when I found out other day that they raised greaveance, I thought I will go to HR and report them for blaming me or using me as an excuse for them not to do they job, as that was exactly the words I said to them. 

atothec

Undervalued said:

atothec said:

Hi so to keep it short and hopefully make sense, 
Other day couple of colleagues from same company but different department came to work with us as they department is quite,
I jokingly and these are exactly what a said to them GOOD MORNING REFUGEES FROM(name of they department) ARE YOU COMING TO HELP US TODAY, and they both said good morning to me, after a while I asked them to mop floor as machine was broken down, anyway they stayed there 4 hou9and took rest of day holiday as they were bored and they didn't mention anything about being upset for what I said to them, day after they refused to come and they raised GREAVEANCE against me as I offended them and now HR is investigating and I have been called in meeting yesterday about which I explained what happened and what I meant, but the HR made it clear that they not happy I used the word REFUGEES,
I'm very worried about loosing the job. 

(f,y,i. The people who I said that they English, and I'm foreign thst shouldn't matter really as its equal opportunity) 

Possibly!

To dismiss fairly (in law) an employer needs a "reasonable belief" that the misconduct took place and dismissal must fall within the range of sanctions a reasonable employer might choose.

However, if you have been employed for less that two years you cannot claim unfair dismissal (except in limited circumstances that don't apply here). In which case the employer could dismiss for no reason at all as you would have no redress.

Been employed there 11 years so do you think I should take legal action if I get dismissed, as that is the exact words that I have used towards the two, and in interview with HR I admitted to it 

Undervalued

atothec said:

Undervalued said:

atothec said:

Hi so to keep it short and hopefully make sense, 
Other day couple of colleagues from same company but different department came to work with us as they department is quite,
I jokingly and these are exactly what a said to them GOOD MORNING REFUGEES FROM(name of they department) ARE YOU COMING TO HELP US TODAY, and they both said good morning to me, after a while I asked them to mop floor as machine was broken down, anyway they stayed there 4 hou9and took rest of day holiday as they were bored and they didn't mention anything about being upset for what I said to them, day after they refused to come and they raised GREAVEANCE against me as I offended them and now HR is investigating and I have been called in meeting yesterday about which I explained what happened and what I meant, but the HR made it clear that they not happy I used the word REFUGEES,
I'm very worried about loosing the job. 

(f,y,i. The people who I said that they English, and I'm foreign thst shouldn't matter really as its equal opportunity) 

Possibly!

To dismiss fairly (in law) an employer needs a "reasonable belief" that the misconduct took place and dismissal must fall within the range of sanctions a reasonable employer might choose.

However, if you have been employed for less that two years you cannot claim unfair dismissal (except in limited circumstances that don't apply here). In which case the employer could dismiss for no reason at all as you would have no redress.

Been employed there 11 years so do you think I should take legal action if I get dismissed, as that is the exact words that I have used towards the two, and in interview with HR I admitted to it 

Probably yes, subject to some legal advice of the exact details of the case.

The employer would probably struggle to convince a tribunal that "dismissal was within the range of responses a reasonable employer might choose". In which case it would be unfair dismissal.

oh_really

Certainly a training issue to be addressed,  possibly grounds for disciplinary.

Is there history between the two groups?

Are they subordinate to you as you mention you had them mopping floor?

atothec

oh_really said:

Certainly a training issue to be addressed,  possibly grounds for disciplinary.

Is there history between the two groups?

Are they subordinate to you as you mention you had them mopping floor?

Well that's what next stage is the disciplinary, and it's a routine we do to staff that aren't fully trained in the line to perform duties that doesn't require experience. 

oh_really

atothec said:

oh_really said:

Certainly a training issue to be addressed,  possibly grounds for disciplinary.

Is there history between the two groups?

Are they subordinate to you as you mention you had them mopping floor?

Well that's what next stage is the disciplinary, and it's a routine we do to staff that aren't fully trained in the line to perform duties that doesn't require experience. 

That makes little sense, going to disciplinary to address performance issues due to lack of training. I would have sky high expectations of overturning at appeal.

atothec

oh_really said:

atothec said:

oh_really said:

Certainly a training issue to be addressed,  possibly grounds for disciplinary.

Is there history between the two groups?

Are they subordinate to you as you mention you had them mopping floor?

Well that's what next stage is the disciplinary, and it's a routine we do to staff that aren't fully trained in the line to perform duties that doesn't require experience. 

That makes little sense, going to disciplinary to address performance issues due to lack of training. I would have sky high expectations of overturning at appeal.

I think I didn't explain it correctly, in the meeting they didn't pay attention to me asking them to perform mopping of the floor, the main reason is thst I used the word REFUGEES and the HR guy made it clear thst is very degrading word