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Case Examples
Disability Discrimination Update
April 2008
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Race Discrimination:
Under the Race Relations Act 1976, the general principle is that no employer may discriminate against an employee on racial grounds. Employers are also liable for an employee’s discrimination if it occurs at work. Employers must not discriminate in selection procedures, or use unreasonable selection tests which might amount to indirect discrimination.
X, a man of mixed race, overheard a conversation between his workmates about a black footballer. One said “He is f***ing crap, that ni**er”. The comment was not aimed at X but it was obvious that he was present. X’s supervisor was also present but did nothing. X went home at the end of his shift and did not return to work. He complained of race discrimination to an employment tribunal. The tribunal upheld his complaint and made the following points:
• X was worried about the casual way in which the comment had been made by a workmate.
• He was concerned about how he could work with people who made such comments which appeared to be accepted by his workmates.
• He had been subjected to a detriment in the sense of being put at a disadvantage in the circumstances in which he was employed to work.
• He should be awarded £1500 for injury to feelings plus £2,910 for loss of earnings.