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£19,000 compensation for “racial slur” and disability discrimination

Makbool Javaid

Jaguar Land Rover has been ordered to pay £19,152.01 compensation after an employment tribunal found that an employee had suffered harassment and discrimination. Coventry Telegraph report that Mr Hoyte (H), who is of African-Caribbean descent was off work for almost two years before his dismissal on the grounds of capability. An ET decided that H’s dismissal was fair, as he had been off work for a long period, there was no evidence of a return and the employer was entitled to conclude that ‘enough was enough’. However, the ET upheld H’s claims of racial harassment and disability discrimination.

The ET found that “racially offensive” terms were used by management and colleagues, one of which was ‘Abo’, which was bound to be very racially offensive to a black man. H’s disabilities included irritable bowel syndrome. H needed to be able to take urgent toilet breaks, but was told he must get permission to leave his workstation. The ET found that the rule was both embarrassing and demeaning in a way that a non-disabled colleague would not be subjected to. The ET added that while H had been discriminated against, it arose from carelessness and insensitivity to his protected characteristics rather than a climate of institutionalised hostility or racism.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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