Ms Theresa Georges v Pobl Group Limited — 2019

Ms Theresa Georges brought a claim of racial harassment arising out of equality and diversity training on 8 March 2018. The tribunal found that the trainer wrote the full words "nigger" and "paki" on a flipchart and asked delegates to shout out offensive words; the word "nigger" was repeated three times in the room. The claimant, who was the only black person present, said she felt under pressure to say the word herself but instead said "cabbage".

The tribunal accepted that the claimant was genuinely shocked and distressed after the training and that the use of the full "n" word in a group context by the trainer and other delegates created a degrading and offensive environment for her and violated her dignity. It rejected the respondent's suggestion that her reaction was explained by the earlier probation review concerns and accepted that her upset related to the training itself.

Applying section 26 of the Equality Act 2010 and the subjective and objective approach described in Reverend Canon Pemberton v Inwood and Richmond Pharmacology v Dhaliwal, the tribunal held that the respondent's underlying aim of preventing discrimination was appropriate, but the chosen method of delivery was a risky and insensitive one. It found that the exercise was not reasonable in the circumstances, that there was no need to require the full discriminatory words to be spoken aloud in a group setting, and that the respondent harassed the claimant on racial grounds. Liability was upheld and a further hearing was to be listed to determine compensation.