Claimant v Mr S Jibara

Outcome

Facts

The claimant, a journalist at BBC Arabic, was subject to a fact-finding investigation in August 2020. During this investigation, Mr Jibara made comments linking the claimant's alleged problematic conduct to his Algerian nationality and Bedouin character. The claimant became aware of these comments in November 2020 and was deeply distressed, perceiving them as racist and part of a campaign by managers to remove him. The respondent failed to uphold the claimant's harassment complaint internally, applying an incorrect definition of harassment. The claimant had been subject to numerous disciplinary and grievance processes since 2017.

Decision

The Tribunal awarded £10,500 for injury to feelings at the bottom of the middle Vento band plus interest of £3,746.40. The Tribunal found Mr Jibara's comments had a significant and lasting impact on the claimant, violating his dignity and creating a degrading environment. No award was made for personal injury as the Tribunal found the comments did not materially contribute to the claimant's mental or physical health issues, which were primarily caused by ongoing work stresses and family pressures. No recommendations were made.

Practical note

Award breakdown

Vento band: middle

Legal authorities cited