Legendary England footballer Paul Gascoigne has pleaded guilty to racially-aggravated abuse over a “joke” he made to a black security guard who was working at his show.
Q. What is racial harassment?
Racial harassment may be unwanted conduct of a racial nature that is offensive or degrading to the recipient.
It is up to the recipient of the alleged harassment to decide whether or not the treatment is offensive.
Racial harassment can include the following behavior: abusive language; racist jokes; racially offensive material; exclusion from workplace conversations or activities; and violence or the threat of violence.
Q. In what circumstances can racial harassment occur?
1. “It was only banter”
A person may say that “it was only banter” or “I was just having a laugh”. in these circumstances the employer should still carry out a full investigation and should not treat the incident lightly. If the comments were made only because of someones race and they find it offensive this may still give rise to racial harassment.
2. Race-related comments not directed at claimant may amount to harassment
In circumstances where someone is making disparaging comments about race, which although might not be directed to anyone may still be racial harassment if they have the effect of violating the other employee’s dignity.
3. Inappropriate comments made were not meant to be heard by anyone else or meant to be be offensive but gave rise to a fair dismissal.
If an employee makes inappropriate comments to colleagues of the same race that are not meant to be heard by anyone else or cause offence may still give rise to fair reasons for a legitimate dismissal by the employer.
The tribunal found that the employee’s use of the racist term was highly offensive and it did not matter that the employee had not realised that someone else was listening nor that he did not mean to offend anyone.
Equally, it made no difference to the tribunal that the comments were made in the presence of white people only.
4. Racial stereotyping
A slightly unusual case was made against a manager of a pub for claiming that one of his workers looked like a “pimp” when wearing promotional wear for the pub.
The employment tribunal judges considered that the manager had only called him this because the worker was black and that the word was used in a derogatory way.
The manager stated that he was not continuously making racist comments and the judges accepted that it may have been a subconscious act.
The employment tribunal held that the comment had the effect of violating the claimant’s dignity and it was reasonable for the claimant to be offended.
5. Allegations of racism should always be investigated
Do not ignore allegations of racism. they should always be thoroughly investigated as a failure to act can give rise to constructive dismissal, victimization and racial harassment. The investigation should be carried out in accordance with your policies and should not be delayed unreasonably.
Ensure that you have an equal opportunities policy.
