EAT HARASSMENT – Conduct
Where an employee worked in an environment in which her dignity was violated, or which became intimidatory, hostile, degrading, humiliating or offensive as a result of actions of others whom her employer did not control, in what circumstances is that employer liable to her for damages for discrimination or harassment on the grounds of race? An argument that the employer of a Claimant subject to overtly racist abuse and hostility should be held liable for discrimination because the environment thus created was inherently racist and he adopted it by requiring the employee to continue to work in it was rejected by an Employment Tribunal, and that decision was upheld. Consideration was given to whether and if so when an employer’s failure to ameliorate a hostile environment could potentially give rise to a claim under s.3A of the Race Relations Act 1976.
 UKEAT 0288 – 10 – 1712
Race Relations Act 1976 3A
England and Wales
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
Cited – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Cited – Gravell v London Borough of Bexley EAT 2-Mar-2007
EAT Race Discrimination
Racial harassment (s3A). Effect of House of Lords Judgment in Pearce v The Governing Body of Mayfield School re. Burton v de Vere Hotels Ltd on s3A claim. Employment Tribunal . .
Cited – Burton and Another v De Vere Hotels EAT 3-Oct-1996
Two black waitresses, clearing tables in the banqueting hall of a hotel, were made the butt of racist and sexist jibes by a guest speaker entertaining the assembled all-male company at a private dinner party.
Held: The employer of the . .
Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 November 2021; Ref: scu.428720