In Nazarczyk v 1. T J Morris Limited 2. John Cowley, Nazarczyk (N) asked Cowley (C) if his daughter could work on the same shift as him as he was concerned that his daughter worked until 11.00 pm when it was dark and when going home had to walk through an area of Liverpool which he deemed unsafe. C said that it was not his decision. N refused to accept C’s response and reiterated the issue of his daughter being unsafe on a British city’s street. C took umbrage over the criticism of his city and became angry and frustrated. N alleged that C said: “If you do not like it pack yourself and your family up and go back to Poland.” C admitted to saying: “If you felt your daughter was not safe in Liverpool then perhaps you should go back to Poland.” The ET found that the essence of the comment was that N’s daughter should go back to Poland or N’s family should go back to Poland. The ET upheld N’s direct race discrimination claim against the employer and C. C would not have said something like “if you do not like it here go back to Poland” to a hypothetical British worker. The ET awarded N £1,500 for injury to feelings.
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.