EAT Harassment – Conduct – Single instance race harassment claim – one overheard remark, ‘She is Polish and very nice’ or ‘She is Polish but very nice’. The Employment Tribunal erred in law in (1) failing to address the question whether the remark alleged had the effect of violating the Claimant’s dignity or creating a proscribed environment for her – Richmond Pharmacology v Dhaliwal [2009] IRLR 336, Grant v HM Land Registry [2011] IRLR 748 and Weeks v Newham College of Further Education [2012] UKEAT/0630/11/ZT applied; and (2) failing to address and give reasons in respect of section 26(2), especially why it was reasonable for the single remark to have the effect in question. If the Employment Tribunal had applied the law correctly only one result was reasonably possible – namely a finding that the single remark did not have the effect in question. Appeal allowed.
David Richardson J
[2014] UKEAT 0105 – 14 – 2807
Bailii
England and Wales
Citing:
Cited – Richmond Pharmacology v Dhaliwal EAT 12-Feb-2009
EAT HARASSMENT: Purpose
Tribunal was entitled to find that a remark made by an employer to a female employee of Indian ethnic origin referring to the possibility of her being ‘married off in India’ had the . .
Cited – Grant v HM Land Registry CA 1-Jul-2011
The appellant had succeeded in his claim for sex discrimination arising from his orientation, but the EAT had reversed the decision. He now appealed against the EAT decision. Although he had revealed his sexuality in one post, he had chosen to delay . .
Cited – Weeks v Newham College of Further Education EAT 4-May-2012
EAT SEX DISCRIMINATION
VICTIMISATION DISCRIMINATION
HARASSMENT
Claimant complained that misogynist comments at work had created an offensive environment for her, and that she therefore had been . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 21 December 2021; Ref: scu.536692