To ask my OH to sack this person right now

[whataloadofoldshit]

I'm not being unreasonable, but if my DP doesn't sack this person today it's going to cause some massive issues.

Some background information... My DP owns quite a large roofing business and often goes to the jobs to make sure everything is going smoothly. This morning one of the guys couldn't make it so DP went along to give the other men a hand. I popped up there about 10ish to drop DP some lunch off and there was a new guy there, has done a couple of jobs for DP before, he's about 50, lots of experience etc. I had the kids with me and we were all exchanging pleasantries... Until this guy blurted out 'Look! There's a monkey!'. So my children turn around trying to spot the monkey. There wasn't a monkey, he was talking about a black man walking down the road. Obviously I assumed there were not people in the world that really thought like this or let alone said things like that in this world anymore. The children are none the wiser and I said nothing, just turned round again. I made a quick exit, after giving DP a very pissy look.

I am not happy. I'm not sure what DP thinks. I am going to ask him what the hell it was all about this evening, but am I being unreasonable in asking him to sack that racist piece of shit straight away tomorrow?

Is this man an employee?

Littlebairn - if he's a new employee he has very little in the way of rights. Especially as he was the one making racist comments.

phantom I too have never heard it in RL I only know from tv program's and the net that people use it.
But your elephant analogy is exactly what he would argue too, he was teasing the kids how was he to know a black person would suddenly walk by? Now we would all know he's talking BS its proving it that is difficult.

Little, we wouldn't go bankrupt because of the position we are in, however he won't be sacking him without following proper procedures - I was just raging this morning.

Ps he looked at the guy in his direction, said 'look a monkey!' then looked back and laughed. He was talking about the black man, no question about it whatsoever.

OP, if you answer the questions on whether the guy is an employee or contractor, and if an employee what his length if service is, then people can advise you

I can't at the moment because I don't know myself until I've spoken to him. However I am pretty sure he is contracted only to this job.

Do you always interfere in your husbands business? It's one thing to say to your husband what was said in front of you and your children and how offensive it was (I'm with you all the way on that) but it's quite another asking for the chap to be sacked right now.

Let your husband do his job.

Yadnbu if he's new he'll be in his probationary period your DH could most definitely terminate his contract without a reason, however it's your DH decision he may want to just have a quiet word

Not sure if you've thread the whole thread Polly but I've clearly said lots of times I was raging this morning and I'm not going to act that like at all.

No I don't interfere, there's no need to be rude.

Your DH needs to get rid of this man if he can. This man said this in front of his boss' DW and DCs, he clearly thinks this is an acceptable thing to say and not shocking. What else might he come out with infront of a client?

A builder is only as good as his reputation. I wouldn't hire a builder I'd heard was racist. I wouldn't recommend a builder who'd said something like that in front of me to any friends, no matter how good their work was.

Few people will understand that this man is just your DH's employee, they'll see the board outside the house with your DH's name on it.

Exactly Mary - it has the potential to affect his business. He's due back about 7pm so I will find out the full story then.

So did your husband hear the comment at the time? (You said you were 'not sure what DP thinks' and 'gave [DH] a very pissy look', so I'm assuming he did?)

They were sat next to each other so DP heard and saw everthing, which is a good thing so it can't be a he said she said thing!

Exactly what Kaymondo said. I am also an employment lawyer. I wouldn't hesitate to advise dismissal in these circs (ie less than 2 years service). I might pay his notice, grudgingly, if I thought there was any risk of this not being gross misconduct. That reduces the scope of any viable claim considerably.

Indeed I would consider that keeping him on would put your OH's business at more potential risk.

Any update on this, OP? I am interested to know your DP's response.

In our organisation if any employee was racist, sexiest etc. whilst in work this would be the grounds for immediate dismissal under our gross misconduct policy. What he said whilst at work and worse in front of his boss would be classed as bringing our business into disrepute.

We can't not and will not employ anyone with these views. Their behaviour would/could impact current and future employees.

If he worked in my division and he said that in front of me or any of my managers, I would have called HR (expected my managers to call Hr) and hauled him up immediately to tell him to pack his stuff, he would be sacked and escorted out of our building.

Before anyone say "ohh you can't do that because of employment law etc.". Let me assure you we have, can and would do this even if it meant going to tribunal. We do not tolerate this kind behaviour. It's as clear as dy in our contracts.

This is a sackable offence ( gross misconduct). I hope the DP has done so. OP, any update?

Hi,

The guy is contracted for this job only. The job should be finished this Friday, pending weather which isn't looking great today so it could be Saturday that they finish.

DP isn't due to be on site this week with them but on Friday he's going to go in and dismiss the guy and explain why he will never be coming back. He's not going to mention it to him this week. He said he was just as shocked as I was and it had made him more angry throughout the day thinking of the implications of that comment, especially as it was quite a busy street and just about anyone could have walked past at that moment.

Although I was positively raging yesterday this is the best way to deal with it. He's got to keep professional and not walk about all guns blazing. DP does agree he would love to dismiss him straight away but he must be seen as fair and do everything that ensures the law is on his side. DP is also going to speak with a couple of other site managers about re writing contracts so if this ever happens again it will be an instant dismissal situation.

Thanks for all your advice ... I was very pissy yesterday but have calmed down today!

I think you should tell DP exactly what happened and leave him to decide what to do - it's entirely possible that he wasn't concentrating and didn't register what was said.

Telling him that you would sack the guy if it was your call is fine. Demanding he does so is not (unless you are actually the company's HR manager or similar).

Yes she was pointing out the obvious, that's right....

'has done a couple of jobs for DP before,'

He is a subbie then not an employee.Good tradesmen are hard to find and to be honest most customers are much more interested in good workmanship and the job finished on time, than stuff like this.

That's bizarre.

So your DP was right there when the guy said it, but continued to work alongside him for the rest of the day as if nothing had happened? And now he's not going to say anything until Fri/Sat, so he's effectively giving him the chance to make racist comments unchecked for the rest of the week?

There's a whole lot of middle ground between 'going in with guns blazing' and doing absolutely nothing. Why on earth didn't he say anything on the day about those comments being unacceptable?

So basically you didn't challenge him on his racism and your dh isn't either? ! Sounds like your dh is going to leave it till Friday because he wants the work done and doesn't want the confrontation!