June 2021 – Banter found to be Discrimination

In a recent Employment Tribunal case, the claimant was awarded substantial damages resulting from both race and age discrimination.

In 2017, the claimant began an eighteen month contract for the Department of Works and Pensions (DWP). All of the other starters were white and she was also the only one over 50 years of age. At the start of her fifth week of employment she issued a grievance for racial harassment and bullying. The claimant listed numerous incidents including where she was repeatedly accused of being a thief.

Following internal processes, the grievance was not upheld nor was her appeal and the claimant issued her tribunal claim in June 2017 for alleged harassment, direct discrimination and victimisation (by reference to the protected characteristics of race, age and sex).

The tribunal found in favour of the claimant on direct discrimination and harassment on the grounds of both race and age and upheld a complaint about victimisation. It awarded compensation of thirty five thousand pounds which when added to loss of earning, pension and interest totalled two hundred and forty three thousand pounds.

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