Racial harassment

Case 14: The facts

Ms Gravell, who is white British, brought four claims against her former employer, a local authority. But a tribunal chair struck out two of her claims of racial harassment, which were that:

• the council had told her to ignore racist comments from customers, as its policy was not to challenge racist comments or behaviour; and

• she had received racist “jokes” sent by text from colleagues, and the council had failed to take action when she complained about them.

The ruling

The Employment Appeal Tribunal (EAT) held that the tribunal had been wrong to strike out the two claims. An alleged policy of not challenging clients’ racist behaviour could have the effect of creating an offensive environment for Gravell, it said, and could therefore fall within the definition of racial harassment. The same was true of the alleged failure to prevent racist texts after Gravell said she had complained.

Whether the alleged failures did amount to harassment in Gravell’s case could only be determined by a tribunal hearing all the evidence, the EAT said. It allowed her claims to continue.

Gravell v London Borough of Bexley EAT/0587/06