In the case of Stevenson v London Borough of Redbridge, Mr Stevenson was employed as an Applications Support Officer at Redbridge Council. He was dismissed for misconduct for saying the N-word during an internal Prevent training course. He had worked for the council for 32 years.
Ian Stevenson used the offensive word after being asked to give an example of racism he had witnessed. Prior to relating the anecdote, the course instructor had told him and other employees that the session was a ‘safe space’.
But an employment tribunal heard that there was no definition for what that actually meant. After Mr Stevenson said the racial slur in full, other staff on the course complained and he was sacked for gross misconduct.
However, the tribunal found that a “reasonable employer” would have recognised that Stevenson had offered his “sincerest apologies” both during his disciplinary hearing and at the training day and showed “some level of remorse” and would have concluded that his 31 years of service with a clean disciplinary record did not warrant dismissal.
Judge Noons said: “Mr Stevenson was a long serving employee of the council. He had attended diversity and inclusion training courses and by his own account he knows that the N-word is extremely offensive and in fact he, himself, was offended by its use.
As a result, Stevenson’s basic award and his compensatory award, to be determined at a later date, will be cut by 90 per cent each.
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