Abuse did not occur ‘in course of employment’

The Employment Appeal Tribunal (EAT) upheld the decision of an Employment Tribunal (ET) that an NHS trust was not liable for a racist comment made by an employee, as it did not occur “in the course of employment” (Campbell v Sheffield Teaching North Hospitals NHS Foundation Trust [2025] EAT 42).

Mr Campbell, the claimant, was a trust employee and full-time branch secretary of UNISON. Mr Hammond, also employed by the trust, sought to leave the union and went to Campbell’s office during a break to request a refund. During the exchange, Hammond made a racially abusive remark.

Campbell brought a claim for racial harassment against both Hammond and the trust. The tribunal accepted that the comment had been made, but ruled that it was not done “in the course of employment” under section 109(1) of the Equality Act 2010.

The ET also found that the trust had taken all reasonable steps to prevent such conduct. Hammond had completed induction, annual performance reviews referencing core values, seen workplace value displays, and undertaken mandatory equality and diversity training prior to the incident.

On appeal, the EAT agreed that the context showed the remark was made in a personal discussion about union membership, despite occurring on trust premises and during working hours. It reaffirmed that the ET was entitled to conclude the trust had met its legal obligations and taken reasonable preventative steps.