A discrimination ruling against an employer stresses the importance of communicating equal opportunity policies.
In Chief Constable of the Kent Constabulary v Kufeji, the EAT upholds an employment tribunal's conclusion that a white South African police officer racially harassed a black colleague of Nigerian origin by sending him and other, white, colleagues a postcard while on holiday in South Africa.
In Bennett v Essex County Council and others, the EAT holds that the relevant authorities failed to take all reasonable steps to prevent a black schoolteacher being subjected to racial harassment by pupils.
An employment tribunal was entitled to find that a derogatory remark was made to a black, Rastafarian contract worker by a white security officer employed by the principal, and that the expression "you lot" that he used referred specifically to the contract worker's race, holds the EAT in Tesco Stores Ltd and another v Wilson.
Employment tribunals have jurisdiction to award compensation for the statutory tort of unlawful racial discrimination under the Race Relations Act, including damages for physical or psychiatric injury caused by the tort, holds the Court of Appeal in Sheriff v Klyne Tugs (Lowestoft) Ltd.
An employment tribunal, properly directing itself, would be bound to conclude that an employer's deliberate decision to disregard the fact that an attack on one employee by another was racially motivated amounted in itself to direct race discrimination, without the need for the employee to show that a person from a different racial group would have been treated differently, holds the EAT in Sidhu v Aerospace Composite Technology Ltd.
An industrial tribunal was wrong to give any weight to the fact that the respondents were related by marriage to members of particular races or ethnic groups in determining that it was unlikely that they would have indulged in the racist abuse of a work colleague from a different race or ethnic group, holds the EAT in Robson v Commissioners of Inland Revenue and others.
In HM Prison Service and others v Johnson, the EAT upholds an award of £21,000 for injury to feelings made by an industrial tribunal to a black prison officer who was subjected to a prolonged campaign of racial harassment and discrimination.
An award of £21,000 compensation for injury to feelings and a further £7,500 aggravated damages to a prison officer who was subjected to a campaign of racial harassment and discrimination has been upheld by the EAT on appeal in (1) Armitage, (2) Marsden and (3) HM Prison Service v Johnson.
In Jones v Tower Boot Co Ltd (11 December 1996) EOR71A, the Court of Appeal overrules the EAT and reinterprets the test for an employer's vicarious liability for an employee's discriminatory act. "Course of employment" is to be given an everyday, rather than a tort law, meaning.
HR and legal information and guidance relating to race-related harassment.