Month: February 2024

The tribunal last month awarded £490,000 compensation for Lloyds Bank worker who was unfairly dismissed for using ‘the N word’ during a work training session…

What happened? Details of the case…

Carl Borg-Neal was a manager at Lloyds Bank. He was one of more than 70,000 employees who were invited to attend a race education training session back in 2021.

During this training session, the group were told that they could “speak freely” and that the session was an opportunity to “be clumsy”. Mr Borg-Neal asked how he should handle a situation where a member of an ethnic minority used a word that may be considered offensive if used by someone not from that minority. He said to the trainer that rap music was: “The most common example of the use of the N-word in the black community”. However, instead of using the abbreviation, he used the full racial slur.

Mr Borg-Neal immediately apologised and did not repeat the word. However, the trainer, who was black, was offended by the use of this word and took off four or five days off work. This then triggered an investigation at work.

After working for Lloyds Bank for 30 years and maintaining a clean disciplinary record, Carl Borg-Neal was dismissed from work for gross misconduct.

What was the outcome?

The Employment Tribunal held that the Bank was reasonable to hold the view that the use of the full N-word was appalling and should “always be avoided in a professional environment”. However, they upheld one of the disability discrimination claims put forward by Mr Borg-Neal on the basis that his dyslexia could lead him to “keep reformulating questions and to ‘spurt’ things out before he lost his train of thought”. 

The Tribunal found in favour of Mr Borg-Neal and held that his dyslexia was a strong factor in how he expressed himself and that no reasonable employer would have dismissed him given the unusual and particular circumstances of the case. 

Subsequently, the claimant was awarded £490,000 in damages. 

In his own words, Mr Borg-Neal alleges that he was subject to an “Orwellian witch-hunt” for the “smallest mistake”.

Conclusion: This is a case which reminds us all that we should think before we speak at work, employers should consider all the facts of the matter and take into account the circumstances before making a decision as to how to deal with it.

If you are an employer and in need of legal advice, please contact our expert Employment Team who can help. Contact Us.

There has been an increase in a number of discrimination claims brought before the Employment Tribunal for discrimination for ‘neurodiverse’ which has arisen by a third last year.

Last year tribunals heard 102 cases in which employees said that their neurodiversity was part of the reason for the discrimination they experienced. This data suggests employers either don’t have strategies for dealing with neurodiversity within their workforce, or they do have them but they are not working.

What is Neurodiversity?

Neurodiversity is a term that describes the differing ways that people’s brains process information and in addition to ADHD and autism, includes conditions such as dyspraxia and dyslexia.

If you are an employee with a neurodiverse condition or if you are a business who has staff with neurodiverse conditions, then the need to understand through discussion and to understand these employees needs.

The numbers of diagnoses for autism have increased by 787% over the past two decades and prescriptions for medication to treat ADHD has increased by 800% according to studies by the University of Exeter and the British Pharmacology Society.

In a pair of new reports — one focused on 8-year-olds and one on 4-year-olds — the CDC found that 1 out of every 36 children has autism. This is a significant increase from the 2021 estimate of 1 in 44, which was a big jump from 1 in 110 in 2006.

Prescriptions for ADHD have been rising in recent years. Figures for April to June 2023 show that about 202,000 individuals in England received one, up from 103,000 in the same period in 2018-19.

Employer’s Obligations

Adjustments should be made to ensure that staff are treated fairly.  Training should be given to ensure that neurodiverse staff are properly understood and given tasks that play to their strengths. If you employ neurodiverse people therefore, you should ascertain their needs in the workplace and help to meet those needs and train those who work with them to understand that individual’s personal requirements.

It can be helpful to appoint a mentor in the workplace to those people affected so that they can call on that person for help and advice at any time if they are having difficulties communicating or they are feeling victimised.

The increase in the number of Employment Tribunal claims shows that the number of employees have increased who are prepared to disclose their conditions. 

If you are an employee or if you are a business that requires advice and support in respect of this, then please Contact Us here. If you complete our enquiry form a member of the employment team will call you straight back.