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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
  • I'm generally less inclined to take formal action unless Employee 1 is being malicious. I would have a recorded conversation explaining how the singing can be perceived and the consequences of it. Share the dignity and disciplinary policies. Should the singing continue then you would have no choice but to take formal action. Dismissal is always the last resort and can be frowned upon in tribunal if you jump straight to it. I would certainly consider a first or final warning. Maybe coming from manufacturing, the language can be much worse than this example.
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  • I'm generally less inclined to take formal action unless Employee 1 is being malicious. I would have a recorded conversation explaining how the singing can be perceived and the consequences of it. Share the dignity and disciplinary policies. Should the singing continue then you would have no choice but to take formal action. Dismissal is always the last resort and can be frowned upon in tribunal if you jump straight to it. I would certainly consider a first or final warning. Maybe coming from manufacturing, the language can be much worse than this example.
Children
  • in reply to Stephanie
    Dismissal should be a last resort, yes.

    The setting would help to provide context but shouldn't matter in 2023. This sounds like childish behaviour that should have been nipped in the bud early on by a line manager. It sounds rather pathetic really, and if this employee is told to stop and doesn't... follow due process and get rid if necessary.