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Dignity at work

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To the tribunal's ruling in the case mentioned in the article

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£28,000 for worker subjected to “kung fu” noises

Background facts

Mr Sheun (S), who is of Chinese origin, was employed in the IT department at Northern General Hospital in Sheffield. He commenced his employment in March 2010.

In December 2018 S made a formal complaint about the behaviour of his colleague, Mr Baldwin (B). He subsequently added further colleagues to the complaint, including Mr Ringrose (R).

List of complaints

S said that on several occasions either alone or together, B and R:

• regularly made racial slurs, including using the words “chink” and “chinky”
• mimicked stereotypical Chinese accents
• repeatedly made a kung fu noise similar to that used by the actor Bruce Lee in his martial arts films
• elongated the final vowel when talking about the Chinese beer, Tsing Tao
• said that “all Chinese are disgusting as they eat anything”
• did impressions of the Chinese characters from the Indiana Jones and Police Academy films.

Formal investigation

Having been notified of S’s complaints, the NHS Trust commenced formal proceedings against the perpetrators, which resulted in disciplinary action being taken. At the end of this process, as all of the parties remained employed, the Trust also arranged for an external third party mediator to come in. His role was to repair the working relationship.

Tribunal claim

Despite all of this, S still issued tribunal claims for harassment, victimisation and discrimination on the grounds of race. His claims succeeded in part and he was awarded £28,000 (see The next step ).

Why was this if the employer had commenced disciplinary action against the perpetrators and arranged for mediation to put things right?

Unacceptable environment

S had been subjected to an intimidating and hostile environment over a length of time. Whilst racial slurs hadn’t been targeted at him, they were made in his presence. That was enough for him to partly succeed in his claims.

Tip 1. In this case, the employer’s actions didn’t negate the fact that S had been subjected to unwanted behaviour over a period of time. Had there been a single, isolated incident and an apology the outcome may have been different.

Tip 2. Rather the deal with the fallout, it’s better to make it clear that jokes about race won’t be tolerated anywhere in your workplace. This must include in online settings. Set this out in a clear dignity at work policy (see The next step ).

Note. Employees don’t have to leave your employment to bring any type of victimisation, harassment or discrimination claim. They can do this whilst continuing in their role. They can also remain in your employment afterwards.

For the tribunal’s ruling in this case and a dignity at work policy, visit http://tipsandadvice-personnel.co.uk/download (PS 22.13.02).