The Upper Tribunal (UT) has rejected a landowner's appeal against the dismissal of his...
The Employment Appeal Tribunal (EAT) has upheld the dismissal of a racial harassment claim, confirming that the alleged incident did not occur “in the course of employment” and that the employer had taken all reasonable steps to prevent such conduct (Campbell v Sheffield Teaching North Hospitals NHS Foundation Trust and Another).
The claimant, employed by an NHS trust and serving as a Branch Secretary of a trade union, brought the claim following an incident in which a colleague—no longer a union member—visited his office during a work break to discuss continued subscription deductions. During this discussion, the colleague became agitated and allegedly made a racially abusive remark.
The Employment Tribunal (ET) found that although the conversation took place during the colleague’s working hours and on trust premises, it concerned a personal dispute relating to voluntary union membership. As such, the ET determined that the incident did not occur "in the course of employment" for the purposes of Section 109(1) of the Equality Act 2010.
The Tribunal also accepted the employer's defence under Section 109(4) of the Act, concluding that the NHS trust had taken all reasonable steps to prevent such incidents. The colleague had received training on appropriate workplace behaviour, including equality and diversity, both at induction and during performance reviews. The trust’s core values—emphasising respectful conduct—were visibly promoted throughout the workplace.
On appeal, the claimant argued that the ET had placed undue emphasis on the personal nature of the discussion and failed to fully consider links to the colleague’s employment. He also challenged whether the Tribunal had adequately assessed if further preventative steps could have been taken.
The EAT rejected the appeal, noting that the claimant had not argued that the ET’s findings were perverse—a necessary basis for challenging factual conclusions. The EAT also observed that, even if the incident had been found to occur in the course of employment, it was satisfied that the trust had taken appropriate preventative measures.
This case serves as a useful reminder of the importance of robust staff training, clear workplace values, and the nuanced legal tests applied in harassment claims under the Equality Act.