Camau cyfreithiol
Challenging racist behaviour in the workplace
Wedi ei gyhoeddi: 11 Medi 2023
Diweddarwyd diwethaf: 11 Medi 2023
I ba wledydd mae hyn yn berthnasol?
Manylion yr achos
Nodwedd warchodedig | Hil |
---|---|
Mathau o hawliadau cydraddoldeb | Gwahaniaethu uniongyrchol, Aflonyddu |
Llys neu dribiwnlys | Tribiwnlys Cyflogaeth |
Mae'r gyfraith yn berthnasol i | Lloegr, Alban, Cymru |
Cyflwr yr achos | Wedi gorffen |
Ein cyfranogiad | Cymorth cyfreithiol (adran 28 o Ddeddf Cydraddoldeb 2006) |
Canlyniad | Setliad |
Meysydd o fywyd | Cyfiawnder a diogelwch personol |
Enw achos: Odain v Secretary of State for Justice (HM Prison and Probation Service (HMPPS)) and another
Mater cyfreithiol
Is an organisation liable for racist behaviour from one contractor to another contractor, when neither are legally employees?
Cefndir
While working for the Probation Service, Mr Odain was subjected to multiple incidents of racial discrimination and harassment by another contractor in 2019.
These included the person making monkey chants towards Mr Odain while he was talking to colleagues.
Mr Odain reported the racist behaviour to managers at the Probation Service but, following a flawed investigation, the offender was allowed to return to work in the same office, leaving Mr Odain with no choice but to leave the job he enjoyed.
The monkey chants were not disputed by the Probation Service in the legal case, which instead focused on the liability of organisations to protect workers employed through third parties from harassment from other workers also employed through third parties.
Pam roedden ni'n cymryd rhan
We supported this case through our fund for race discrimination cases, part of our Legal Support Scheme.
Many people in Britain have experienced prejudice and discrimination because of their race.
Through our fund, we provide vital funding and legal assistance to help people seek justice and hold perpetrators to account.
Every employer, service provider or educational establishment must understand their responsibility to stamp out prejudice and discrimination, and what the consequences are if they don’t follow the law.
Beth wnaethom ni
We provided funding assistance which allowed Mr Odain’s case to be prepared for, and represented by counsel at, a preliminary hearing on a legal point about vicarious liability. The hearing did not come to a definitive decision on this but did say that it was possible that the HMPPS could be liable for the contractor’s racist behaviour so the claim could continue to a full hearing.
Beth ddigwyddodd
More than three years after Mr Odain’s initial complaint, HMPPS settled the case after a preliminary hearing found it may be liable for the racist behaviour of the contractor towards Mr Odain. The settlement was accepted before the final hearing.
Mr Odain received compensation, but the settlement does not include an admission of liability, or commitment from HMPPS to review its policy around how contractors are treated.
Pwy fydd yn elwa
Everyone going to work should expect to feel safe from harm and no one should suffer the shocking racism experienced by Mr Odain.
Employers, third party contractors, and workers all benefit if any awful incidents like this are addressed quickly and appropriately by management.
It is disappointing that, in this case, HMPPS chose to defend themselves on the basis of legal technicalities rather than to commit positively to protect and support their own staff. Racism is never acceptable.
We hope the financial settlement will help Mr Odain move on from his experience. As Britain’s equality watchdog, we will continue to use our unique powers to help people like Mr Odain seek justice through initiatives like our fund for race discrimination cases.
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Diweddariadau tudalennau
Cyhoeddwyd
11 Medi 2023
Diweddarwyd diwethaf
11 Medi 2023