In Burton and Rhule v De Vere Hotels, the EAT holds that an employer "subjected" its employees to unlawful race discrimination when it allowed a speaker and guests at its hotel to abuse and harass them racially, in circumstances in which it had sufficient control over the discriminatory event so as to have been able to prevent or reduce the extent of it by applying good employment practice.
In Burton v De Vere Hotels (18 September 1996), the EAT rules that an employer subjects an employee to the detriment of racial harassment if it causes or permits the racial harassment to occur in circumstances in which it can control whether it happens or not.
In Tower Boot Co Ltd v Jones (13 June 1995) EOR64A, the EAT holds that a pattern of co-worker racial harassment fell outside the "course of employment" of the employees concerned, so that the employer was not legally liable.
In Tower Boot Co Ltd v Jones, the EAT holds that a black factory worker's fellow employees were not acting in the course of their employment when they racially harassed him at work.
In Littlewoods Organisation plc v Traynor (18 November 1992) EOR49B, the EAT holds that there is a continuing act of discrimination for time limit purposes where an employer fails to implement remedial measures.
De Souza v The Automobile Association (Court of Appeal, 19.12.85) EOR6B holds that a racial insult or racial or sexual harassment will be unlawful detrimental treatment where its effect is such that a reasonable employee could complain that it damaged his or her working environment.
HR and legal information and guidance relating to race-related harassment.