Labour Research April 2007

Equality news

White woman's racism claim can proceed

A white British woman has been allowed to bring an employment tribunal claim against her former employer over distress caused to her by racist jokes about black people.

Pat Gravell, who was made redundant in January from her job as homeless prevention officer at Bexley Council, had previously complained about the regular use of racist language in her office, but a councillor had allegedly told her to get "a sense of humour" and take the remarks "on the chin".

Although an internal investigation found her complaints to be unfounded, Gravell says that colleagues sent her texts calling black people monkeys, making offensive remarks about mixed-race marriages and joking about the deaths of cockle-pickers in Morecambe Bay and victims of the New Orleans flood.

In 2006 she brought a claim of race discrimination against the council, stating that it had created an atmosphere in which racism could flourish and that she was harassed by the remarks because she found them distressing and offensive. However, a tribunal said that her claim had no reasonable prospect of success and struck it out.

But last month the Employment Appeal Tribunal reversed that decision.

Commenting that Gravell was "perhaps a bit of a trailblazer", Judge Peter Clark said that her colour was not a "killer blow" to bringing her claim, which should be judged on its merits. He allowed the claim to proceed, although a date for the new tribunal hearing has yet to be set.

Bexley Council has said it will appeal against the ruling.