It would be naïve to think that all work environments are free of prejudicial comments whether it relates to sex, sexuality, race etc.

In the case of Queenscourt Ltd v Nyateka the environment was one of frequent discriminatory comments.

A black worker was excluded by her male manager from a management meeting where she wished to raise an issue about her pay.

Subsequently the manager had said to her that a reason she was not invited was “maybe its because I’m being racist to a black woman”.

The lady raised a grievance and was then suspended with no pay while an investigation was carried out.

The manager received a written warning and the lady was invited to return to work but at a different branch if she wished.

She did not return to work and the company eventually sent her the P45 and her employment ended.

In a subsequent appeal case it was held, even though there was substantial discriminatory banter, the one remark by the manager could be considered harassment and the lady was awarded £1,500.

The tribunal also noted that the manager had not been suspended and nor was his pay deducted.

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