The Employment Tribunal recently ruled in favour of two Black employees, who are also UNISON members, of Southwark Council. The Tribunal found that they had been directly discriminated against, harassed, and victimised because of their race. This judgment, handed down after a four-day hearing in May 2024, highlights the ongoing systemic racism within public services and underscores the importance of holding employers accountable for discriminatory practices.
The two claimants worked for Southwark Council’s Keeping Families Together (KFT) team. The tribunal heard that during a team meeting in September 2018, a fellow employee made racially discriminatory comments, such as dividing the room into “Blacks over there and whites over here.” Despite the blatant nature of these remarks, they were dismissed as “banter” by team leadership, and no action was taken against the employee. He was later promoted to manage the KFT team, compounding the situation.
Further incidents followed, including an online meeting in June 2020 during which the same employee disrespected one of the members, losing his temper despite the member’s professional conduct. Once again, the Council failed to take appropriate action, allowing the employee to remain in their role without any disciplinary consequences. This pattern of inaction persisted despite repeated grievances from the claimants, highlighting a systemic failure within Southwark Council to address race discrimination effectively.
The tribunal found that the Council’s handling of these incidents was not only inadequate but also racially biased. The failure to discipline the employee, despite clear evidence of inappropriate behaviour, was seen by the Tribunal as a deliberate attempt to avoid acknowledging the racial elements of the case. This reluctance to act allowed discriminatory practices to continue unchecked, and the claimants were repeatedly treated less favourably due to their race.
The tribunal awarded claimant 1 £20,000 and claimant 2 £25,000 for injury to feelings, with an additional 15% uplift due to Southwark Council’s failure to follow the ACAS Code on Disciplinary and Grievance Procedures. The tribunal noted the “inordinate and inexcusable” delays in the Council’s grievance procedures and the failure to act consistently.
Taking a stand against race discrimination
The members’ courage in coming forward has resulted in an important decision that underpins the need for employers to take race discrimination seriously. Despite the challenges they faced, including a lack of support from management and retaliatory behaviour from their supervisor, they persevered and ultimately secured justice through the support of UNISON, Thompson’s Solicitors, and Doughty Street Chambers.
If you believe you have been subjected to racial discrimination at work, UNISON is here to help. Please contact your branch for more support, you can find your branch through our Branch Finder tool.
Building a strong case – advice for members
When it comes to race discrimination, having a strong case is essential to achieving a positive outcome. Here are some steps that can help you build your case:
- Speak to UNISON: Speak to your local branch as soon as possible if you’d like some advice on next steps and how we can support you through your employer’s processes, and if necessary, any legal advice and representation.
- Document everything: Keep detailed records of all incidents, including dates, times, locations, and the individuals involved. Save any emails, messages, or other documentation that may support your claims.
- Witnesses: If there are colleagues who witnessed the incidents, ask them if they would be willing to provide statements. Witness statements can strengthen your case significantly.
- Report the incidents: Report discriminatory behaviour to your HR department or management. Ensure that you follow your workplace’s formal grievance procedures and keep records of all communication.
- Document the Impact: Discrimination can have both personal and professional impacts. Keep track of any effects on your mental health, job performance, or career progression, as this can be relevant to your case.
Guidance for reps on supporting members with a race discrimination case
- Listen and acknowledge their experiences
- Create a safe space to ensure the member feels heard and able to share their experience without fear of judgement.
- Recognise the mental and emotional impact race discrimination can have. Offer reassurances and let the member know they are not alone—UNISON is here to support them.
- Advise on gathering evidence
- Encourage the member to keep a detailed record of all incidents of discrimination.
- Help the member identify witnesses and support them in obtaining witness statements.
- Guide the member through the reporting and grievance process
- Provide support in drafting and presenting the grievance, ensuring it includes all relevant details and evidence.
- Familiarise Yourself with UNISON’s Race Protocol:
- Learn how race discrimination cases should be progressed.
- Familiarise Yourself with the Equality Act 2010.
- Keep Track of Timelines and Deadlines:
- ACAS must be contacted within 3 months less 1 day, from the most recent discriminatory act. Ensure you speak to the Regional Organiser or Area Organiser supporting your branch so this can be done in time, and legal advice can be sought to assess whether there is a case to be pursued.
