In an “unusual” move, a tribunal has ruled that a supervisor (as opposed to the employer) should pay a Claimant compensation.
During a car journey, the supervisor made several racist remarks to the Claimant. The Claimant then told his manager what had happened, saying that as he considered the supervisor a racist, he didn’t feel comfortable working with him again.
As the supervisor wasn’t suspended or relocated during the disciplinary process, the Claimant raised a grievance. The employer confirmed that the Claimant wouldn’t have to work with the supervisor again. However, the Claimant started to see the supervisor “all the time” at work.
The initial complaints were brought against both the employer and the supervisor, but complaints against the employer were dismissed when the Claimant accepted that the employer had taken all reasonable steps to prevent the supervisor from making racist comments.
However, in what is described as an “unusual” move, the tribunal went on to consider who really was to blame for the racial harassment suffered by the Claimant, and found that it was to be the individual supervisor.
If you would like to ensure you have appropriate policies and training in place that will prohibit this type of behaviour, we are happy to help.