Did Scottish Ministers directly discriminate, harass and victimise an employee based on her race?

1. Did the Crown Office and Procurator Fiscal Service (COPFS) directly discriminate, harass and or victimise the claimant based on her race?  

2. Did the COPFS fail to make reasonable adjustments? 

The claimant was employed by the COPFS as a Finance Business Partner. During the period of her employment, the claimant alleged to have been subjected to a series of degrading and derogatory treatment, including questioning her abilities and qualifications, based on her race. As a result of the treatment of her employer, Ms Quarcoo developed anxiety and depression which resulted in a request to change her working arrangements. The COPFS refused her request and, consequently, her claims also included a failure to make reasonable adjustments. 

The case was brought to our support fund for race discrimination cases.  

A high percentage of ethnic minority people in Britain have experienced prejudice and discrimination. Organisations are also repeatedly failing to protect members of the public from racial harassment and abuse. 

We want to improve outcomes for victims of racial harassment and discrimination.

We also want every employer and public service to understand their responsibilities and what the consequences are for not following the law.

We paid the claimant’s legal costs to enable her to pursue her claims at the Employment Tribunal, using our powers under section 28 of the Equality Act 2006.  

The case settled out-of-court. 

The claimant will benefit from being able to seek justice which would otherwise be unavailable without our funding.  

By supporting this case and publicising its outcome, victims of race discrimination may take note and be more empowered to challenge instances of race discrimination in the workplace and beyond.  

This case is reminder that every employer, including public sector bodies, should be aware of their responsibilities under the Equality Act 2010. Line managers should understand and protect their staff from unfair treatment on the basis of a protected characteristic, like race or disability.