A Salvation Military worker answerable for supporting refugees was lawfully dismissed after making inflammatory remarks suggesting migrants ought to be despatched again “on a ship”, an employment tribunal has dominated.
The tribunal discovered that the charity was justified in dismissing Charles Markie, 56, after feedback he made whereas working at Strathmore Lodge, a Salvation Military–run hostel in Dundee that housed refugees and migrants.
Mr Markie, who had labored for the organisation for nearly 20 years, was dismissed following feedback made to colleagues in March 2024. The tribunal heard that he mentioned there “wouldn’t be a housing scarcity if we weren’t taking in 150 refugees” and added that they need to be “despatched again on a f****** boat”.
In its judgment, the tribunal concluded that the remarks went past inappropriate office frustration and amounted to gross misconduct, notably given the character of Mr Markie’s position and the values of his employer.
The tribunal discovered that the feedback had been inflammatory, carried a transparent reputational threat, and had been essentially incompatible with the mission and function of The Salvation Military, which supplies assist to weak folks and communities with out discrimination.
Commenting on the ruling, Jainika Patel, an employment lawyer at Freeths, mentioned the case illustrated the place employers are entitled to attract a agency line.
“There are lots of situations the place inappropriate however inoffensive feedback are made by workers, whether or not off the cuff or in frustration, and wouldn’t warrant disciplinary motion,” she mentioned. “Nevertheless, the tribunal discovered this case was not one in all them.”
Patel added that the claimant’s remarks had been thought-about notably critical due to his position and the organisation’s values.
“The feedback had been held to be inflammatory and posed an actual threat to the employer’s fame. It was affordable to classify them as gross misconduct, provided that the claimant labored for an organisation whose function is to supply assist and assist with out discrimination,” she mentioned.
The ruling reinforces the precept that employers are entitled to take account of reputational threat, organisational values and the character of an worker’s position when deciding on disciplinary sanctions.
Patel famous that roles involving weak teams or a excessive diploma of public belief are topic to greater requirements of conduct, and that misconduct of this nature is more likely to be handled extra critically than in different office contexts.
