Q: A good salesperson is making racist remarks to a new employee. She has been with the company for five years and I have spoken to her informally but she keeps doing it. What can I do?
Aug 16 2010
Answered by: Peter Done Ask a question
She may bring a lot of money in but she’s going to cost you a lot more if you allow this to continue and you get challenged at Tribunal for allowing discriminatory behaviour to carry on. You also risk her costing you trade if she makes these comments in front of customers or potential customers. It is not clear if the people she is making these comments to are of a different race and so could take it as direct racial abuse as well as just generally offensive behaviour.
You’ve spoken to her informally and told her that it is not acceptable but she has ignored you. In all likelihood she believes that she can do what she likes because she brings money into the company. You have to make her realise that she has to behave appropriately in the workplace and no-one is untouchable.
This is now a disciplinary matter. She is acting in breach of your equal opportunities policy in continuing to make racist comments that she knows are not acceptable. This is misconduct and could be considered serious if not gross misconduct if you consider that it is a deliberate act of discrimination. You need to call her to a disciplinary hearing on this in accordance with your disciplinary procedure.
Hopefully taking this down the formal disciplinary route will make her understand that you are serious about this and she has to modify her behaviour. If she is not prepared to do so then ultimately this could lead to dismissal.
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