• Login
  • Register
The Daily Sceptic
No Result
View All Result
  • Articles
  • About
  • Archive
    • ARCHIVE
    • NEWS ROUND-UPS
  • Podcasts
  • Newsletter
  • Premium
  • Donate
  • Log In
The Daily Sceptic
No Result
View All Result

If You Work For Lloyds Bank, Don’t Mention the Colour of the Horse

by Dr Frederick Attenborough
4 September 2023 3:00 PM

The Free Speech Union racked up another significant legal victory at the employment tribunal (ET) last month, securing what promises to be a significant pay-out for a dyslexic Lloyds bank manager sacked in a free speech row.

Carl Borg-Neal, 57, was unfairly dismissed and subject to disability discrimination when Lloyds Bank sacked him for using a racial slur during a workplace-based diversity training session. He is now likely to recover damages for past loss of earnings, future loss of earnings, a pensions award, compensation for discrimination and compensation for personal injury, all amounting to a significant sum.

In July 2021, Mr. Borg-Neal was one of around 100 senior Lloyds managers who logged on to an online training session entitled ‘Race Education for Line Managers’. Provided by an external organisation, the training formed part of the bank’s ‘Race Action Plan’, launched in the wake of George Floyd’s death the previous year.

Carl had worked for Lloyds Bank for 27 years without issue, was popular among colleagues, and had risen to a highly technical managerial role at head office. Far from being indifferent to racial equality, he had recently joined a new scheme mentoring young colleagues from ethnic minorities and was working with three mentees, one of African descent, one of Asian descent and one of European (non-U.K.) descent.

At the start of the session, the trainer read out a script that established the parameters for what was to follow. “When we talk about race, people often worry about saying the wrong thing,” she said. “Please understand that today is your opportunity to practice, learn and be clumsy… The goal is to start talking, so please speak freely, and forgive yourself and others when being clumsy today.”

At a relevant point during a subsequent discussion on “intent vs effect”, Mr. Borg-Neal decided to take the trainer’s statement at face-value and “speak freely”. Thinking partly about rap music, he asked how as a line manager he should handle a situation where he heard someone from an ethnic minority use a word that might be considered offensive if used by a white person. Met with a puzzled look from the trainer, he added, “The most common example being use of the word n***** in the black community.”

Carl didn’t receive a response to his ‘clumsy’ question. In fact, he was angrily berated by the trainer. He tried to apologise for any offence, but was told if he spoke again he would be thrown off the course.

Other managers on the course complained that Carl’s question never received an answer – indeed, anonymous feedback collated after the session suggests the trainer’s behaviour was not particularly well-received. “I was shocked by the manner and tone used by one presenter to a colleague,” said a respondent. “After saying at the beginning this would be a safe environment and [acknowledging] we may make mistakes, she launched into a vitriolic attack… I believe [Mr. Borg-Neal] was trying to ask a valid question to aid understanding.”

After the course, the trainer claimed she was so offended by use of the n-word that she was too sick to work and took five days off. The provider then complained to Lloyds Bank.

It was the fact that the trainer needed to take time off that triggered an investigation, with the bank subsequently accusing Carl of racism and launching a disciplinary process that led to his dismissal for gross misconduct.

After 27 years, his career lay in tatters.

Following an unsuccessful attempt to appeal Lloyds’ decision, Carl joined the Free Speech Union. Having reviewed the case, we instructed Doyle Clayton – an expert firm of employment solicitors – who brought a claim against Lloyds Bank in the Tribunal.

Something that emerged particularly strongly from the hearing was the extent to which Lloyds focused on Mr. Carl Borg-Neal’s use of the n-word in isolation, irrespective of the context in which he’d used it.

For instance, the initial HR caseworker talked to colleagues from the bank’s Inclusion and Diversity team “to understand the impact of the word used on session attendees”. The disciplinary Hearing Manager then spoke to witnesses “to understand the impact of use of the term on the facilitator”. During the appeal process, the new Hearing Manager also focused on the impact that use of the n-word had had on the individual carrying out the training.

It was on the basis of this semantic fixation that the bank could concede that Mr. Borg-Neal had not intended to cause any hurt, that he asked the question with no malice, and that the question itself was valid, but then still dismiss him for gross misconduct. The bank’s argument was that Mr, Borg-Neal should have known better than “to use the full word in a professional environment”.

However, thanks to top-drawer representation from Doyle Clayton, the panel was steered towards an appreciation of the wider context in which the n-word had been uttered.

Explaining its unanimous decision to rule the dismissal unfair, the panel noted variously that: the incident had taken place during a race education session, and specifically during a discussion of “intent versus impact”; it was a well-intentioned relevant question regarding how to handle a situation of racially offensive language in the workplace; there was no suggestion that he was taking an opportunity to say an abusive term under cover of a question; and his dyslexia affected his ability to formulate his question carefully.

Lloyds argued that Mr. Borg-Neal had demonstrated a lack of concern for the impact of his actions on others. According to the Hearing Manager, it was “because of the absence of any deeper acceptance as to why [Mr. Borg-Neal’s] use of the word was so inappropriate [that it was] difficult to make the case that action short of dismissal such as further training or removing [him] from a position of influence as a role model would be sufficient”. 

The panel was distinctly unimpressed with this line of reasoning. “This is an unusual distinction given that the claimant had repeatedly apologised,” they wrote. “He told [the Hearing Manager] that he understood in hindsight that the trainer could be upset. He said a friend had told him use of the word was inappropriate and ‘I get that now’. He said he understood his conduct had fallen below expectation. One wonders what was expected of him.”

At the forthcoming remedy hearing, Mr. Borg-Neal is expected to get a high six-figure compensation award.

Stop Press: If you’re thinking of joining the Free Speech Union, now is a good time to join because its membership fees are going up on September 15th. Anyone joining before that date will not be charged the higher rate for at least one year, meaning they can also renew their membership at the current low rate. To join for as little as £2.49 a month, click here.

Tags: Carl Borg-NealDiversity TrainingFree SpeechLloyds BankThe N-Word

Donate

We depend on your donations to keep this site going. Please give what you can.

Donate Today

Comment on this Article

You’ll need to set up an account to comment if you don’t already have one. We ask for a minimum donation of £5 if you'd like to make a comment or post in our Forums.

Sign Up
Previous Post

It’s Time the West Admitted it has Sacrificed Free Speech in Favour of Banning ‘Insults’

Next Post

Losing Our Marbles

Subscribe
Login
Notify of
Please log in to comment

To join in with the discussion please make a donation to The Daily Sceptic.

Profanity and abuse will be removed and may lead to a permanent ban.

32 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

NEWSLETTER

View today’s newsletter

To receive our latest news in the form of a daily email, enter your details here:

DONATE

PODCAST

The Sceptic EP.37: David Frost on Starmer’s EU Surrender, James Price on Broken Britain and David Shipley on Lucy Connolly’s Failed Appeal

by Richard Eldred
23 May 2025
6

LISTED ARTICLES

  • Most Read
  • Most Commented
  • Editor’s Picks

Doctor Who Star Ncuti Gatwa “Axed” and BBC Show to be “Put on Pause” Amid Falling Ratings and Woke Storylines

23 May 2025
by Will Jones

Spanish Scientists “Were Experimenting with How Far They Could Push Renewable Energy” Before Countrywide Blackout

23 May 2025
by Will Jones

We Were Too Polite to Stop the Woke Takeover

23 May 2025
by Mary Gilleece

News Round-Up

24 May 2025
by Toby Young

Trump Slaps 50% Tariffs on EU – as He Tells Starmer to Get Drilling for Oil

23 May 2025
by Will Jones

Trump Slaps 50% Tariffs on EU – as He Tells Starmer to Get Drilling for Oil

31

We Were Too Polite to Stop the Woke Takeover

26

News Round-Up

23

Spanish Scientists “Were Experimenting with How Far They Could Push Renewable Energy” Before Countrywide Blackout

20

Doctor Who Star Ncuti Gatwa “Axed” and BBC Show to be “Put on Pause” Amid Falling Ratings and Woke Storylines

30

Do Researchers’ Views on Immigration Affect the Results of Their Studies?

24 May 2025
by Noah Carl

Starmer’s EU Reset Tethers the UK to the EU’s Green Dystopia

24 May 2025
by Tilak Doshi

We Were Too Polite to Stop the Woke Takeover

23 May 2025
by Mary Gilleece

The Tweets Cited by the Judge to ‘Prove’ Lucy Connolly is “Racist” Do Nothing of the Sort

23 May 2025
by Laurie Wastell

Starmer Has No Intention of Cutting Immigration

22 May 2025
by Joe Baron

POSTS BY DATE

September 2023
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930  
« Aug   Oct »

SOCIAL LINKS

Free Speech Union

NEWSLETTER

View today’s newsletter

To receive our latest news in the form of a daily email, enter your details here:

POSTS BY DATE

September 2023
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930  
« Aug   Oct »

DONATE

LISTED ARTICLES

  • Most Read
  • Most Commented
  • Editor’s Picks

Doctor Who Star Ncuti Gatwa “Axed” and BBC Show to be “Put on Pause” Amid Falling Ratings and Woke Storylines

23 May 2025
by Will Jones

Spanish Scientists “Were Experimenting with How Far They Could Push Renewable Energy” Before Countrywide Blackout

23 May 2025
by Will Jones

We Were Too Polite to Stop the Woke Takeover

23 May 2025
by Mary Gilleece

News Round-Up

24 May 2025
by Toby Young

Trump Slaps 50% Tariffs on EU – as He Tells Starmer to Get Drilling for Oil

23 May 2025
by Will Jones

Trump Slaps 50% Tariffs on EU – as He Tells Starmer to Get Drilling for Oil

31

We Were Too Polite to Stop the Woke Takeover

26

News Round-Up

23

Spanish Scientists “Were Experimenting with How Far They Could Push Renewable Energy” Before Countrywide Blackout

20

Doctor Who Star Ncuti Gatwa “Axed” and BBC Show to be “Put on Pause” Amid Falling Ratings and Woke Storylines

30

Do Researchers’ Views on Immigration Affect the Results of Their Studies?

24 May 2025
by Noah Carl

Starmer’s EU Reset Tethers the UK to the EU’s Green Dystopia

24 May 2025
by Tilak Doshi

We Were Too Polite to Stop the Woke Takeover

23 May 2025
by Mary Gilleece

The Tweets Cited by the Judge to ‘Prove’ Lucy Connolly is “Racist” Do Nothing of the Sort

23 May 2025
by Laurie Wastell

Starmer Has No Intention of Cutting Immigration

22 May 2025
by Joe Baron

SOCIAL LINKS

Free Speech Union
  • Home
  • About us
  • Donate
  • Privacy Policy

Facebook

  • X

Instagram

RSS

Subscribe to our newsletter

© Skeptics Ltd.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Articles
  • About
  • Archive
    • ARCHIVE
    • NEWS ROUND-UPS
  • Podcasts
  • Newsletter
  • Premium
  • Donate
  • Log In

© Skeptics Ltd.

wpDiscuz
You are going to send email to

Move Comment
Perfecty
Do you wish to receive notifications of new articles?
Notifications preferences