Tribunal rejects Ku Klux Klan allegations but upholds single reasonable adjustment claim
An employment tribunal in Scotland has rejected wide-ranging discrimination claims brought by a police authority employee, including allegations that colleagues may have been linked to the Ku Klux Klan (KKK). The tribunal concluded there was no evidence to support those allegations and that they had not been properly pleaded as part of her case.
However, the tribunal did uphold one claim relating to a failure to make a reasonable adjustment and awarded compensation of just over £2,200.
The employee, who relied on disability, race and sex under the Equality Act 2010, had worked as a public enquiry support assistant before resigning. During her employment, she raised concerns about her treatment at work, including alleged exclusion from training and workplace communications.
The tribunal heard that a civilian driver had made a comment in her presence referring to the Ku Klux Klan having Scottish roots. The tribunal accepted that a remark about the KKK was made and acknowledged that the organisation is notoriously racist. It noted that making such a comment in the presence of a person of colour was potentially unwanted conduct under the Equality Act.
The employee described the remark as offensive and distressing and reported it to management. A meeting was arranged to address her concerns, and the tribunal recorded that she explained she had “shut down” when the comment was made.
During cross-examination, the employee suggested that several members of the organisation were KKK members and were targeting her. The tribunal found there was no factual basis for these claims and described related assertions as fanciful. It emphasised that serious allegations require evidential support and cannot rest on assumption or inference alone.
The tribunal also rejected claims of harassment related to race and victimisation. Although it recognised that the KKK comment was potentially capable of amounting to harassment, it ultimately concluded that the legal tests were not met in the circumstances of the case. It further rejected claims that a senior officer had told the employee she could not cope with racist members of the public, finding that this comment had not been made.
However, the tribunal did find that the employer had failed to make a reasonable adjustment. Specifically, it concluded that steps should have been taken to lower the height of a public office counter at one police station. It found that this adjustment was practicable and should have been addressed. Compensation of £2,293.34 was awarded in respect of that failure. All other claims were dismissed.
For employers, this case highlights several important points. First, potentially offensive comments must be addressed promptly and sensitively, particularly where race is concerned. Second, serious allegations made within discrimination claims must be supported by evidence.
Tribunals will scrutinise credibility and reliability carefully and will not accept unsubstantiated assertions.
Finally, even where most claims fail, employers can still be found liable for relatively straightforward failures to make reasonable adjustments. Practical, low-cost adjustments that remove workplace barriers should not be overlooked, as tribunals will examine whether such steps were reasonable and achievable.
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