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Racial harassment: Racially abusive comment does not automatically result in "detriment"

This report relates to 1 case(s)

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    Thomas and another v Robinson [2003] IRLR 7 EAT (0 other reports)

Key points

  • In Thomas and another v Robinson [2003] IRLR 7, the EAT holds that an employment tribunal erred in law in finding that an employee was racially discriminated against by a single racist remark made by a colleague, without considering whether the words and/or conduct complained of had in fact caused her to suffer a detriment, and in preventing cross-examination of the employee on this point.

Ms Robinson, who is of black Afro-Caribbean origin, began working for Comsoft Limited ("Comsoft"), a small company with six employees, on 25 April 2000.