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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

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  • I also think that you should address this issue informally, before resorting to formal action. Get the line manager to have an informal discussion with Employee 1. It should be recorded, and the line manager will have to make it clear that this behaviour is not acceptable and that if it carries on, it may lead to a formal disciplinary process i.e. give him a recorded informal warning. Did you ask Employee 2 what his preferred outcome would be? People usually want the misbehaviour to stop. If it does, then great. If it doesn't act swiftly and take it to the formal stage. You should always start with a thorough investigation and go from there.
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  • I also think that you should address this issue informally, before resorting to formal action. Get the line manager to have an informal discussion with Employee 1. It should be recorded, and the line manager will have to make it clear that this behaviour is not acceptable and that if it carries on, it may lead to a formal disciplinary process i.e. give him a recorded informal warning. Did you ask Employee 2 what his preferred outcome would be? People usually want the misbehaviour to stop. If it does, then great. If it doesn't act swiftly and take it to the formal stage. You should always start with a thorough investigation and go from there.
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