Derogatory remarks

Case 9: The facts

Mr Khan raised a grievance against a colleague who had said: "You Pakistanis are all the same" and "You Muslims are all troublemakers". Claiming that he was victimised by his employer as a result, Khan brought a claim of victimisation under the Race Relations Act.

A victimisation claim relies on the claimant being able to show that s/he had made a complaint of race discrimination and that this was the reason why s/he was subjected to some less favourable treatment.

The issue for the Employment Appeal Tribunal (EAT) was whether the treatment Khan had complained about in his grievance did amount to race discrimination.

The ruling

The EAT confirmed that a single remark can be racial abuse, if it is directed at the claimant and s/he suffers some detriment. It held that the use of the word "you" meant that the remarks were directed at Khan, and amounted to abuse on grounds of his Pakistani origin (and probably also his religion, but the relevant legislation was not in force at the time). His claim could proceed.

Empower Scotland v Khan EATS/0012/05