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Employee who racially harassed a colleague ordered to pay £2,700 compensation

Makbool Javaid

In Leader v Hossack, L initially presented racial harassment claims against his employer, Leeds City Council, and a colleague, H. However, in a preliminary hearing, L accepted that the Council had made out the statutory defence under S.109(4) of the Equality Act 2010 that it had taken all reasonable steps to prevent H from making any racist comments to fellow employees, so the case proceeded against H alone. The ET found that when L (black African-Caribbean) and H were listening to the news in their vehicle on the radio and the broadcaster announced that at the 2018 Winter Olympic Games the temperature was -11° C, H said to L: “If you think it’s cold here you should take your black arse over there.” L looked at H with astonishment and H then said to him: “Your arse is black isn’t it?” The vehicle then pulled up behind a lorry with a Polish registration plate and H said: “These f*****g foreigners”. The ET held that it was reasonable to conclude that the unwanted comments amounted to racial harassment having the effect of creating a humiliating and offensive environment and ordered H to pay L £2,769.

The updates are kindly provided by Simons Muirhead & Burton Law firm

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 help 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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