EAT Harassment Race Discrimination – Direct – Continuing act – The Employment Tribunal correctly found the Respondent discriminated against and harassed the Claimant contrary to the Race Relations Act. It failed to deal with the Claimant’s claims in respect of two earlier events which were ‘on grounds of race’ rather than the narrow and incorrect view of the Employment Tribunal as to ‘on the grounds of her race’. It erred in holding that, as the Claimant was not an immigrant, she was not protected when the Respondent referred to ‘fucking immigrants’. It failed to consider the four index events as a continuing act. The only conclusion of the Employment Tribunal on a correct direction would be to find in her favour. The EAT set aside that part of the Judgment and substituted a finding in the Claimant’s favour.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0267 – 11 – 2411
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 October 2022; Ref: scu.450628