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Homophobic singing at work

Pratikchha

Hello,

I just need advice on below situation

Employee 1 is playing random songs inside his office but rhyming "[employee 2] is gay". He would rhyme that line to any songs he plays in the office and rhymes it on top of his voice.

[Employee 2]'s office is next to this employee1 and can hear it every day as it is a very thin wall. Mike did not raise a complain hoping it would stop but it has been going on for months. Employee 2 eventually raised it to HR.

Employee 1 did ask employee 2 if he would raise a complaint when it first started and he said he won't hoping it was only once. Employee 1 then said good as if employee 2 was to raise a complaint he would do even more.

Some other employee heard it around canteen area where employee 1 has been going around singing and rhyming it at the same time.

I have taken advice however I have been advice it is not a gross misconduct as it is not a direct discrimination as employee 2 is not gay.

What do you think ?

Is this not a sackable offence?

I would like to hear suggestions on what you guys think of it?

Thank you

Parents

  • Kali - welcome to the community.

    I don't know whether this is some kind of assignment, but it would help if you gave your opinion.

    If this has been going on for some time and you have heard the singing for some time. Did you not think to raise a complaint yourself?.

    The fact that employee 2 has not raised a complaint is neither here nor there. I don't think it matters a jot whether employee 2 is, or is not gay, lesbian, cross dresser or anything else. In 2023 no one should be saying or singing that sort of thing.

    I'd like to hear your opinion of whether you think gross misconduct or not and why? Has the employee a disciplinary record and if he has what was it for?

    David

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  • Kali - welcome to the community.

    I don't know whether this is some kind of assignment, but it would help if you gave your opinion.

    If this has been going on for some time and you have heard the singing for some time. Did you not think to raise a complaint yourself?.

    The fact that employee 2 has not raised a complaint is neither here nor there. I don't think it matters a jot whether employee 2 is, or is not gay, lesbian, cross dresser or anything else. In 2023 no one should be saying or singing that sort of thing.

    I'd like to hear your opinion of whether you think gross misconduct or not and why? Has the employee a disciplinary record and if he has what was it for?

    David

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