A quick update.... I went for the hearing, they basically took no notice of the explanation / new evidence, and I was fired on the following Tuesday. It is 100% clear that the outcome of the hearing was pre-determined.......but, to be honest, I'm glad to be out of it.... I have spoken with 2 solicitors, one officially, and the other "off the record": both, given all the facts reckon that I was treaded unfairly and, at most, should have received a warning of some sort..... But, as I say, life is too short: I've already moved on and have earned more money in the last 2 weeks on contracts than I would have earned had I still had my job!! win:win...! ;-) Also, I'm in the process of finalising a product with a view to bringing it to market...... And yes...IT IS in direct competition with my ex-employer... (didn't someone mention that earlier? Oh, they were being SARCASTIC..?) Thx for all you advice....

Oh no: the staff are great, don't get me wrong...! The rest of it? You've hit the nail on the head..... ;-)

Hmm...well, that's yet another issue with this situation, I'm afraid... The top of the tree is, literally, "The Daddy". He is MD. Daughter is a director, and I think "The Mummy" is a co-director. So..my hearing was chaired by daughter and mummy: the only course of appeal is daddy.... Do you honestly think I'm going to get a fair hearing...? This is the thing that's is SO frustrating here. In any "normal", larger company, if this was a mid-management issue, I could go to someone more senior, and most likely impartial, with the interests of the company as a primary objective, but as this is a small family business, I have nowhere to go.... ..other than, maybe, a third party? I have talked to ACAS about "mediation", but this needs to be with consent of employer. "Arbitration" is not an option, as I need the 2 years and it usually precedes a tribunal....? My thinking is, though, that if I do get fired, then why bother messing around with "afters"? I'm better off just moving on and forgetting the sorry situation, surely..?! ;-) BTW, as it stands, I'm still suspended on full pay, as a decision has yet to be made...

Well, I went to the hearing on Friday, and am awaiting the decision: I'll be told when I go in tomorrow AM. The hearing went very well: I took in a colleague who has also had issues with the designer I have locked horns with. I did not speak to my colleague really, apart from going over to see him between xmas and NY when he agreed to accompany me. But completely off his own back, after reading my defence statement, he effectively confirmed that the designer is the problem here, and not myself (or the other 5 or so people who have issues with him). This really changed the tone of the hearing, even though madam consistently tried to find a glimmer of light to reinforce her case. My defence was water-tight, basically: I was apologetic and 100% co-operative. I held my hands up to the racist remark, assured then there would be no repeats, etc, highlighted all the positives of my last 2 years, and pointed out all the other gross misconduct-able incidents that have gone un-punished. Now, if they do still fire me, at least it will 100% confirm my suspicions about her wanting me out...... I'm expecting a FWW, but knowing this lot, I'll probably be back at home by 8:30 tomorrow morning...!

As an aside, I have another dilemma....! Do I go through with the hearing on the off chance that I only get a FWW, or should I simply go in and hand in my resignation with immediate effect? If I do that, at least they don't get the satisfaction of firing me! But they might not be going to anyway....they MIGHT (and its a small might) just be hoping to scare me into toeing the line, as apparently, they have in the past with numerous employees. Control / intimidation seems to be very important to them. As I say, looking at the big picture, I'm better off out of it, but there IS the "self-respect" factor to consider, too? Tricky one?

Thanks for all your replies! They have confirmed my suspicions: I'm 99% sure I'm out, and have maybe even already found another job. I have obviously given them the opportunity to get rid of me: as a I said, there are a lot of other political things going on behind the scenes, and you only really have the part of the story concerning the alleged racist remark / disciplinary action. I cannot help but wonder what their actions would have been if I had not made the remark? They would still want me out, and the 2 year mark is looming.... Anyway, I'm obviously better off out of the sh*tty working environment, and sooner rather than later is a good thing, too.... Life's too short to dwell: I'm smug in the knowledge that all the issues the company has will remain there for years to come... I'm just glad they won't be my problem....!

I think that I would feel justly treated to receive a written warning. Based on the way they have handled (or not) events in the past, that would still be a little harsh...but acceptable, I suppose. I mean, I did say what I said, it was out of order, and I won't do it again. But other's practices will need to come into line also, otherwise it will be just me that has taken any flack. It should be a new line in the sand, applicable to all, not just me being made an example of? It seems clear they are taking this chance to get rid of me, but are being mighty inconsistent in their handling of the situation. Could have been put to bed informally in 5 minutes behind closed doors by an experienced manager......

"As an aside, if this company is so poisonous, you might be happier elsewhere." Oh yes... ;-)

"Yeah. Please don't try and make excuses. Especially to your employer. You said a racist comment plain and simple. It doesn't matter if you have an African friend or are married to a tribal dancer from Botswana. You still said the racist comment which is why they are taking action." I MIGHT be married to a Korean girl though.... ;-) (I'm not..but you get the point?)

I don't expect to get away unpunished: Its just the manipulation / constructive nature of the situation that seems unjust. I mean, if I had got up, chinned the guy in front of witnesses, then fine: instant dismissal..no argument! But other blatant "gross misconduct" events have occurred and gone unpunished.

I have OWNED it.....lets make that clear! I don't enjoy complaining at all..in fact it is really annoying I feel the need to raise points in the first place. Very little protection, yes...but some, maybe? THATS what I'm here to find out. I did try to PM renegadeimp, but due to post count was unable to. Heres what I tried to PM: Thanks for your reply. "This is a quite complex situation: I had to leave LOTS out, as I would take a LOT of room to tell the whole story. The daughter, for instance regularly refers to English guys as "fat, ugly and stupid". She being Danish, and clearly superior to us mere English..!? ;-) She first said this to myself and another, more portly, guy. We both saw the funny side of it, but we COULD have taken it as racial abuse / stereotyping. Also, the Sales manager regularly makes references to Asian girls, saying he should bring a few back in his suitcase (as sex slaves, I assume?), and makes frequent refs to lady-boys (another stereotype). Surely, If they are planning on throwing the book at me, then this kind of behaviour must also cease immediately. This makes me think about discrimination / inconsistency. etc, against myself, as all this has, apparently, been deemed acceptable in the past?" Sure..something was said... But its the discrimination against me that is the point: inconsistency in procedures, etc. Daughter told me yesterday, for instance, that the "employee handbook" was "just a guideline" and "not law". Surely the document they put together to outline the company policies IS what guidelines they profess to follow? Otherwise, what's the point? Yet, I have been through the handbook, and certain procedures have clearly not been followed in the past. Hence the discrimination.

Just to clarify: I totally accept that my comment was out of order. I have owned it, apologised to the guy, face-to-face. He has accepted the apology and in the week since the event, we worked together fine. I am white, not a racist, homophobe, etc. My best mate of 25 years is of African descent, so I have no problems with race, creed, colour, etc. I have worked in the workplace for over 25 years, never had a complaint lodged against me, any disciplinary hearings, etc during all that time. I find it strange that my employers are focussing so hard on this minor issue, rather than the positives that I bring to the company. The very qualities upon which they based their decision to hire me in the first place, in fact....? ;-) The situation stinks, quite frankly!

Hi all! I'll try and keep this short! Basically, I started my job 23 months ago. At first all was fine (isn't it always?) However, over time, various issues relating to the general management of the company, mid-management appointments, etc, started to cause me concern. Over the last year I have felt it necessary to point out certain things, to both fellow employees and my superiors. Even though this has been very minor, and just comments made, I think they now see me as "disruptive", maybe? Anyway, to the point. In mid December, a guy who was supposed to be the manager of the project I'm working on was basically wasting my time (again!). I was flustered, under pressure, etc, and, being honest, I was exasperated by him, so I told him to "f-off". He told me "you f-off", to which I responded "f-off back to Iran". Now 20 minutes earlier, me and a colleague had been discussing the guys unsuitability for the position, and how he was basically an Iranian national who was (so we've been led to believe) a journalist / blogger. Not an engineer. I was basically saying to him to "get out of my hair and go back to what you are best at", sort-of-thing. He walked out of the room and there were no further exchanges. A few days later, I was given a letter saying that there will be a disciplinary hearing early in the new year, about my racist remark. Immediately following this, I went to see the guy, asked if he had lodged an official complaint (he hadn't, apparently), we shook hand, we're fine with each other, and have moved on. The management (fyi, the dad is the owner, his partner is another director, and his daughter, in her mid 20-s, with no qualifications/ workplace / managerial experience, is a director and my immediate boss, I think?) have decided to go for the full disciplinary hearing route. As there have been several incidents between other staff, including the senior management, including what could be classed as violent conduct, and no hearings have been deemed necessary for those, I feel I am being victimised. The "proper" route to sort the issue would obviously have been to sit myself down with the daughter and the Iranian guy, talk through the events, stress that my comment was not acceptable, etc, made sure that the two of us were cool, and that there would be no repeat, and move on..... All very simple, informal. This process was not followed, however, so basically I think they don't want me there anymore (for whatever reasons). The project has been completed: they could have made me redundant instead? My feeling is that they are going to sack me next week, and basically, do I have any rights? I mean, it is blatantly obvious that they are trying to get me out, and the fact they have made me feel as unwelcome as possible in the lead-up to xmas, and yesterday suspended me on full pay till the hearing on Friday just reinforced this. The shop floor culture is one where swearing is commonplace (the daughter is probably the worst offender), so it cannot be said there is "zero tolerance", etc. I have had no informal or formal meetings about racism, my general performance, insubordination, etc, during my time there. They may issue me with a written / final written warning (which I could accept), but I feel they're going to fire me. Do you think this is right, can they get away with it, and what can I do about it if they Do fire me. Sorry for going on, but its a crappy situation.. Any advise welcomed.