Company found guilty of race - what does it mean for individuals - Long sorry!

[cakesandmorecakes]

I wonder if anyone is around to help with this issue. My DP who has been with a firm for 10+ years and is very senior had to get rid of a number of people a year ago due to cut backs at work etc, one of them included a black person.
This guy couldn't believe - that he was one of the few graded at the bottom of the company, anyway he refused pay off which was v substantial. He raised an investigation, the company very seriously investigated all the people named incl DP and all were found to be not guilty of his claims...
He took co to court for unfair dismissal which the company agreed and also racial discrimintaion which was just ridiculous. He refused settlement and wanted his time in court (very stressful time).
Anyway it has been too tribunal and has come back as guilty to both accounts of unfair dismissal and racial discrimination.

Do you think this can affect my DP in anyway as they were citing the company and not individuals ? We are extremely worried although my DP hasn't actually done anything wrong and hasn't a racist bone in his body- I however although not racist now want to go mad! Any advise would be great!!!

How do you mean affect him? If he is just an employee of the company he won't be personally liable for the compensation the company is having to pay the claimant, if that's what you mean.

Normally I would expect severe disciplinary action to be taken against someone whose actions had resulted in a successful claim for race discrimination being brought against the company, however you say he was investigated presumably as part of a disciplinary procedure, his statement that no discrimination was involved was accepted and no warning was given?

TBH I've no idea whether an individual can bring any kind of personal injury claim against someone who has discriminated against them racially (I know you say he didn't, but obviously this person believes he did) or not. I suppose technically it may be possible he could bring a claim in the county court or whatever it would be, but that would be more difficult than a tribunal claim so I'd say it's very unlikely. He'd have to have more concrete proof than a tribunal would need as well I imagine.

As FBB says, the tribunal will make an award which your DP's company (not individuals) will have to pay.

The company has the right to appeal to an Employment Appeal Tribunal but they must do so within a certain time.

In the company I work for, if a matter has been investigated through the grievance or discip process and an outcome has been reached, the matter can only be reinvestigated if significant new evidence comes to light. Your DH would have to ask his employer if they plan to re-open any internal investigation.

Just out of professional HR interest, on what grounds did the ET find the claims of unfair dismissal and discrimination given that it seemed obvious to you and DH that the company were not at fault?

Fatcontroller not sure what the grounds are as yet, its just very hard to imagine having spent several months going through all of the stuff involved - half of it a load of nonsense from this guy that this is the outcome, I know in racial and sexual cases,they pretty much go either way and usually the way you don't exepect - we only found outcome out this morning and my DH is working with clients all day today and so not contactable..so I don't know anymore until later possibly..

I know he is not personally liable for compensation but I guess we are worried that due to the tribunal finding the company guilty, are they still able to have senior partners working for a company - my DP isn't the only partner that was named before the tribunal and at the stand. This guy went for everyone, although my DP who happened to walk into the positiion of getting rid of the staff last year only a couple of weeks before was named more so because of this!- there was about 10 of them in total, including HR..
It is utterly shocking what people can do to people to get money!

oh and yes all and everyone was throroughly investigated, once the outcome lookd like going to tribunal all were given lawyers at company expense to get them through it, no steps were unturned!

The basic concern is what if the company in light of the credit crunch wanted a scape goat and this is the ideal situation to use somebody and cut costs at the same time..

If it's a partnership and your DP is a partner it's a bit more complicated and he may well have some personal liability - he should check his partnership agreement carefully.