Race harassment case highlights the importance of a prompt investigation

An Employment Tribunal awarded a former bartender £18,975 after upholding claims of race harassment, constructive unfair dismissal, and discriminatory constructive dismissal against the employer.

The case arose after a colleague repeatedly referred to the employee by the name of the team’s only other employee of the same racial background. Although the behaviour began after being accidentally calling the colleague by the wrong name and apologised immediately, the colleague admitted the behaviour was racist, laughed, and continued despite being challenged.

The incident was reported informally to management, requesting that the issue be addressed with the wider team rather than identifying her as the complainant. Instead of investigating or speaking directly to the employee concerned, managers decided to “passively monitor” the situation. The tribunal found this response inadequate and concluded that the employer failed to take reasonable steps to prevent or address racial harassment. Furthermore, the employee was not kept informed about how her concerns were being handled.

The tribunal also identified significant failings in the organisation’s disciplinary process. A genuine administrative error incorrectly triggered disciplinary action for lateness, and employee received a written warning despite company policy requiring a verbal warning for a first offence. The outcome letter omitted her right of appeal, and the tribunal concluded that the decision to escalate the sanction was influenced by subjective views about her attitude and demeanour rather than objective evidence.

Following these events, the employee resigned, citing race discrimination. The employer did not conduct any further investigation after receiving her resignation. The tribunal found that the combination of failing to address the harassment complaint and mishandling the disciplinary process fundamentally breached the implied duty of trust and confidence, resulting in constructive dismissal.

The tribunal awarded compensation of £18,975, including damages for financial losses and injury to feelings. The tribunal upheld the claims of race harassment, constructive unfair dismissal, and discriminatory constructive dismissal.

This case reinforces the importance of responding promptly and effectively to allegations of workplace discrimination. Employers should ensure that all complaints, including informal concerns, are appropriately investigated, documented, and communicated to the employee raising the issue. Passive monitoring without meaningful action is unlikely to demonstrate that an employer has taken reasonable steps to prevent discrimination.

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Race harassment case highlights the importance of a prompt investigation

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