Miss R Grey v RL Retail Services Ltd — 2021

Miss R Grey brought complaints of direct race discrimination and race-related harassment against RL Retail Services Ltd. The tribunal heard liability only, because there was insufficient time to deal with remedy, and its operative decision was that the harassment complaint succeeded only in part: allegation 2(b)(2) was upheld, while all other complaints failed.

The successful allegation was that on 2 November 2019 Mr Rickerby said words to the effect that the claimant was the European Union, the United Nations, and the United Colours of Benetton, referring to her mixed heritage. The tribunal found those words were patently related to her mixed heritage, had the purpose of creating a hostile environment and violating her dignity, and would alternatively have amounted to direct race discrimination. It extended time for that allegation on a just and equitable basis, finding that it was almost 10 months out of time, that the claimant had been on sickness absence and studying, and that the respondent suffered no forensic prejudice.

The tribunal rejected the remaining allegations. It found that the flexible working form issue arose because the claimant had requested a change to her working pattern, not because of race; that the alleged incidents involving the croissant, perfume, money, monkey gestures, the parcel, and similar conduct were not proved or were not shown to be race-related; and that Mr Poynter's and Ms Smith's correspondence about grievances and investigation did not amount to harassment. The tribunal also dismissed the direct race discrimination complaint overall, while noting that it would have reached a different alternative conclusion on allegation 2(b)(2) if harassment had not been the operative finding.