Claimant v London Borough of Tower Hamlets

Outcome

Facts

The claimant, an employee of the London Borough of Tower Hamlets, was subjected to repeated racial stereotyping by Ms Pat Chen, the Head of HR. On three occasions, Ms Chen made comments relating to the claimant's Asian heritage, including asking if she knew other Asian employees because 'you're Asian and you know all the Asians', and stating that the Mayor would talk to her 'because of the community' and 'because of your heritage'. The grievance process was fundamentally flawed as it did not address all complaints and was not sufficiently independent, being conducted by Ms Chen's immediate manager.

Decision

The Tribunal found that the claimant had been subjected to harassment related to race on six occasions by Ms Pat Chen. The direct discrimination claims were dismissed as they were subsumed within the harassment claims. The Tribunal awarded £8,000 for injury to feelings (at the upper end of the lower Vento band) plus interest of £1,518.46, and made recommendations for future grievance handling and for a written apology to be provided to the claimant by senior management.

Practical note

Award breakdown

Vento band: upper

Legal authorities cited