Train conductor sacked unfairly for asking: Is there black privilege too?
A TRAIN conductor sacked for questioning if ‘ black privilege’ existed in Africa in a conversation with his wife has won his claim for unfair dismissal.
An employment judge said that while some may find Simon Isherwood’s remarks ‘disagreeable’ he should not have been sacked for expressing his ‘forthright’ views on a course he had attended virtually from his kitchen.
Mr Isherwood, 60, made the comments following an online diversity seminar on white privilege as part of his job at West Midlands Trains (WMT).
At the end he didn’t log off properly and was overheard telling his wife he wished he had asked if ‘ black privilege’ existed in African countries.
Three colleagues who overheard his remarks complained and Mr Isherwood, who had an unblemished 12-year record at the company, was suspended before being sacked for gross misconduct.
He was dismissed even though he apologised and investigators said he was not racist.
Mr Isherwood appealed but was unsuccessful so took his case to an employment tribunal, where judge Stephen Wyeth has now ruled in his favour. Compensation will be decided at a later date.
The judge said: ‘Need it be said, freedom of expression, including a qualified right to offend when expressing views and beliefs… is a fundamental right in a democratic society.’
He added that the right is protected by the Human Rights Act. He said the comments ‘were never intended to be heard by those who attended or ran the course’ and ‘were akin to expressions of views not infrequently heard on radio and television or read in some newspapers’.
Mr Isherwood, from Northampton, started working for West Midlands Trains in September 2009. In 2015 he was promoted to the role of senior conductor manager.
In January 2021, he voluntarily attended the webinar on white privilege in his own time, having worked and finished his shift earlier that day. The course, run by WMT’s sister company East Midlands Trains, covered topics including what white privilege is, how to ‘change the privilege and power structures’, and ‘how to be an ally’.
The tribunal heard that, even though there were up to 40 people still logged on when he made the remarks, just three complained.
The course host said afterwards it ‘may have been a valid question’ as it would have ‘opened up a forum for discussion’. The fatherof-two told the Daily Mail of his relief last night.
‘I am absolutely delighted this is now over, it has been a horrendous 18 months,’ he said.
‘All of a sudden people who I was friendly with were asking other people, “Is he racist? Has he been hiding it?” It was just awful.’
Free Speech Union, which supported Mr Isherwood in his case, said: ‘You cannot dismiss staff for gross misconduct for mocking woke diversity training.
‘Workers have rights, including the right to free speech.’
A West Midlands Trains spokesman said: ‘We respect the decision of the tribunal.’
‘It has been horrendous’