Homophobic singing at work

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
  • Hi Kali, I think you have a range of views below and I'd echo them. This is not acceptable behaviour at work. People need to be professionals at work and this is not acceptable.

    I'm wondering what this says about the workplace culture and people's ability to speak up and let others know that, whilst they might behave in certain ways outside of work, inside work people have to be treated with respect. This person needs to be told this cannot continue and if it does disciplinary action will taken which could ultimately lead to their dismissal. I'd then start looking at what's going on for this to continue so long without action being taken.
Reply
  • Hi Kali, I think you have a range of views below and I'd echo them. This is not acceptable behaviour at work. People need to be professionals at work and this is not acceptable.

    I'm wondering what this says about the workplace culture and people's ability to speak up and let others know that, whilst they might behave in certain ways outside of work, inside work people have to be treated with respect. This person needs to be told this cannot continue and if it does disciplinary action will taken which could ultimately lead to their dismissal. I'd then start looking at what's going on for this to continue so long without action being taken.
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