EAT: NHS trust took a number of’reasonable’ steps to prevent racial abuse

The Employment Appeal Tribunal ruled that an NHS trust involved in a racial abuse claim took “all reasonable steps” to protect a black employee.

John Campbell was a full-time Unison branch secretary and worked at Sheffield Teaching Hospitals NHS Foundation Trust. Wesley Hammond was a worker for the trust, but decided to leave his union.

Hammond spoke to HR regarding membership subscriptions, and was informed that he should speak directly to the union. Campbell told Hammond that he could not refund the deductions.

The tribunal heard Hammond become angry at the second meeting and called Campbell repeatedly a “f**king mutt”, before calling him a f**king monkey.

The tribunal heard that because Campbell was black and Hammond was white, the comment “could have been construed as racist abuse”.

In October 2022, the first judgement concluded that even though the comment was made in the premises of the trust during working hours, it had not been “in the course or employment”. Therefore, the employer was not liable.

The initial tribunal argued as well that Hammond had taken reasonable measures to prevent harassment, citing several initiatives run by trust.

The Trust has also implemented a series of initiatives to promote equality, diversity, and inclusion, including an induction on dignity at work, a performance evaluation that reinforces these values, posters displaying the ‘Proud” values in the workplace, and mandatory training every 3 years. Hammond recently completed this mandatory training.

Campbell appealed against the decision, arguing that the conversation took place in the workplace and that there is a natural connection between union membership and employment. She also argued that the trust had not taken any further measures than the ones cited to avoid the situation.

Lord Fairley, the president of the EAT was not convinced of either ground for appeal, and the case was rejected.

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