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AIBU?

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Original poster

Help bf has been accused of being racist

146 replies

WorriedAndConfusedHelp · 09/03/2018 12:14

I have NC for this. I don’t even know if this is legal. I will try to keep it short. I don’t even know the full facts yet, just from a five minute phone call. My boyfriend has been accused of being racist. A manger of his called him into a meeting this morning about comments he left on his PERSONAL Facebook page (told him to get rid of Facebook as it’s nothing but trouble but he likes it so whatever). It is set to private so I think someone from his work has done this on purpose as sabotage. He had left a comment regarding a park by us that has just had caravans occupied by travellers moved on and he commented that the park was left looking like a bomb made out of shit exploded over it. That was IT. He was told he had to sign some sort of disciplinary form admitting he was wrong for making racist comments (not too sure about that part will have to ask later). He refused and has told me he might lose his job because he refused. Is that even actually allowed?From comments on a private face book page? I don’t even think it’s a horrible comment to make, he didn’t say anything about travellers just at the state of the park which DID look an absolute mess for days afterwards and still does a little bit. I am absolutely fuming not with him but with his workplace and the little spy that alerted management. What to do?

OP posts:
Iwasjustabouttosaythat · 09/03/2018 12:17

Well, you could tell your brother to stop being a racist arsehole? It reflects badly on the company. I wouldn’t want him working for/with me either.

Globetrotter100 · 09/03/2018 12:18

Spy? Do you mean someone he'd added as a FB friend?

Fugitivefrombrusstice · 09/03/2018 12:20

Unfortunately Facebook is rarely considered private from a company point of view. It would be worth checking what his company policies say about social media. There isn't a law, however, that protects what you say on your Facebook page.

I'm not passing any judgment on his comment because I don't know enough, but if he truly wasn't racist that would be a better line of argument than suggesting that the comment was fine because it was on a Facebook page.

HollyBayTree · 09/03/2018 12:21

Who does he work for?

If he works for hte cocal council/contractors &/or parks department, he's on a sticky wicket.

However If he hasnt referenced the Travellers then it isnt racism. yo CANNOT be called in and have disciplinary without due process, grievance procedures, consultation, etc .

[http://www.acas.org.uk/index.aspx?articleid=2179]]

taratill · 09/03/2018 12:22

Ah the joy of facebook.
The fact it is a private page makes no difference. Racist comments from employees can bring an employer into disrepute which can be a ground of gross misconduct.

ilovesooty · 09/03/2018 12:23

Of course he can be disciplined for it. He'd be well advised to sign the form and either get rid of Facebook or refrain from making comments that bring his workplace into disrepute.

SaucyJack · 09/03/2018 12:24

Yep, this pretty much sums up the sad state of the 21st century.

You have more legal rights to shit in a public park than you do to complain on FB about other people doing it.

ilovesooty · 09/03/2018 12:24

And I'd also be interested to know if his company has a social media policy.

Trinity66 · 09/03/2018 12:24

Well, you could tell your brother to stop being a racist arsehole? It reflects badly on the company. I wouldn’t want him working for/with me either.

It's her b/f not brother and how was what he said racist in anyway. He said the park was left in a mess and it was?

OP I wouldn't tell him to agree to anything and if they discipline him I'd take it further. If that's all he actually said they don't have a lef to stand on

pinkdonkey · 09/03/2018 12:25

It's common for companies to monitor so called private face book accounts of their staff. My friend adds her staff as friends with this purpose in mind. Facebook is not that private and in a lot of professional your behaviour outside the workplace can reflect on the company or profession. I could be struck off my professional register for saying/doing something considered unprofessional in my private life/on Facebook. All our staff are well briefed on this fact.

Is he in a union? I think he needs to ask for their advice in how to contest this.

SwarmOfCats · 09/03/2018 12:25

It depends on how it was worded as to whether it’s racist or not. What was the status?

If he lists his employer on Facebook they will be concerned about him making racist remarks.

HollyBayTree · 09/03/2018 12:28

My friend adds her staff as friends with this purpose in mind.

This is why you should NEVER have work collegues as FB buddies - you do not need mnanagemnt seeing into your prvate life, fingering photos of your children, wife in her bikini on holiday, your dad dancing at weddings - there simply is no need.

Never list your employers/schools/clubs either.

And tweak your name a little.

ShotsFired · 09/03/2018 12:28

I recently reported someone to their workplace (I didn't know them) because they made written threats of violence about other people they would come into daily contact with in their job, along with some lesser, but equally moronic, aggressive keyboard warrior stuff.

The only reason I knew this was because they had listed both his job title and employer on his FB which was visible to me just by clicking his profile.

But in @WorriedAndConfusedHelp's partner's case, I think the employer is overstepping massively. Had he named his employer or otherwise made his comment related to them , or actually been genuinely racists and involved the travellers in his comment (which I don't believe is what happened from your description). The employer has taken a factual statement about the state of a piece of land; and twisted it themselves to be about the travellers currently there. What if he'd said it last week when it was uninhabited and the mess was down to (say) fly tipping or dogshit? Same statement but suddenly not racist?

OutyMcOutface · 09/03/2018 12:33

I would suggest that you get an employment lawyer. Companies can monitor public statements made by employees but they cannot discipline him over racism if he hasn’t made racist statements.

missyB1 · 09/03/2018 12:33

I don’t see how he has been racist if he hasn’t made derogatory comments about travellers? He needs union or legal advice.

I agree with pp, be very wary about being social media “friends” with colleagues.

carryondoctor · 09/03/2018 12:34

Hmmm. I'm not sure the comment can have been quite as the OP says for the employer to take action. If the post didn't mention travellers at all, just showed a messy park, then why would work care? However, if he commented on an article about a park being occupied by travellers then a) it may well not have been private and b) yes it was clearly a comment about travellers. In which case you can see why his employer would care.

(That being said, if you've never been involved in a clean-up after travellers have been on a site, it's hard to imagine the sheer mess and cost that SOME groups can cause. I've seen other groups move on quietly with not a blade of grass disturbed. Like all humans, some travellers are dicks, some aren't!)

MagicFajita · 09/03/2018 12:37

It doesn't sound like a racist comment to me but I would advise caution here.

Is he a union member? If so , contact them and ask for/locate the company's social media policy.

UnicornRainbowColours · 09/03/2018 12:40

This reply has been deleted

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Sarsparella · 09/03/2018 12:40

I know someone who was sacked over a FB post that was made in a private page, but what was said was much worse than you’re describing

Have you actually seen the post? I’d be thinking he’s not being completely honest about what he’s written if they’re taking it so seriously

Nothing you write online is Private really, especially on FB

Notthemessiah · 09/03/2018 12:41

Seriously, if that is all he said - some people in caravans had made a disgusting mess of the park - then they don't have a leg to stand on and would have a very good case for unfair dimissal if they did try and sack him.

On the other hand, if the post was more along the lines of 'aren't all travellers disgusting' then that's a little bit different. I think you're going to have to post exactly what he said before anyone can say just how this could go with any real degree of accuracy.

flippertygibbett · 09/03/2018 12:42

There are two issues here.

1) Whether his comment was racist.

From what you've said OP it doesn't sound like it was, the Oxford dictionary definition of racist is

Prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior.

Simply stating that a group of travellers have left a local park in a mess doesn't meet that definition.......

Based on the limited info you've given imo his employer are incorrect to call him racist.

2) Whether he has behaved in line with his company social media policy.
If his company don't have a social media policy which they can prove that he has been made aware of (this is key) then there is not a thing they can do.

They might try to say that he has "brought the company into disrepute" but for this to stand they would have to be able to show that it is clear from his Facebook profile that he works for them, so if he's listed his employer, posted previous statuses naming them or posted photos of himself in work uniform etc.

If they have a policy and he has been made aware of it then it comes down to what that policy says. Usually they have things around posting anything political, racial or discriminatory. It is possible that what he's posted, taken in the context of other posts/comments from other people linked to his would contravene their policy in which case they CAN discipline him.

They do have to follow proper process though and that certainly DOES NOT involve just getting him into an office and demanding that he signs a confession!!!

blueskyinmarch · 09/03/2018 12:45

Is your BF being entirely honest with what he posted? Did you see the post?

ReanimatedSGB · 09/03/2018 12:45

Ok, do NOT be drawn into repeating or reposting his exact comments here, as that won't help. It is perfectly possible that some officious little dickhead has reported a reasonable remark and his employers are chickenshits. He should first get some advice as to whether what he said could be considered as racist in law, because if it isn't, or if it is open to a range of interpretations, he really should stand his ground rather than have 'disciplined for racism' go on his record.
But if it is, then maybe sign the form, shut his facebook account and open a new one under a different name, to which he doesn't add work colleagues. (I have two FB accounts, one which is harmless and one which is my business and not that of any employer.)

Kismett · 09/03/2018 12:46

Are you sure it was on his own page? Did he make a post all on his own? I'm only asking because you referred to it as a "comment" and if he commented on someone else's post, it very well could be public.