Compensation awarded to individual was who offended by racist jibes aimed at a colleague, but not them!

An employee has been awarded £27,000 in compensation on the grounds of constructive dismissal and racial harassment, as they left employment due to the Company making continual racist remarks to a fellow black colleague. His case was based on the fact that these remarks upset him even though they were not directed at him, to the extent that he did not feel able to continue employment.  

The tribunal heard that these comments including “golliwog Brian” and “black Brian”,, and rightly deemed that the employees dignity as an employee of the same ethnic origin, had been violated. The fact that the employee to whom the comments were directed, had not raised any claim, was seen to be irrelevant.

The award was broken down by £14,286 for constructive dismissal, and £13,427 for racial harassment.

The employer argued that as they had two workers by the same name, the names used above were in order to distinguish between these two members of staff. The Tribunal ruled that this was wholly unacceptable and allowing such action would be to “tolerate a culture of racism”.

Published: 25 Oct 2013

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