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Protection from racist language

BY Daniel Gorry
Employment Law & HR
BG Purple

The case of Moxam v Visible Changes Ltd & anor, is a useful reminder that a Claimant need not be of any particular race or nationality to claim race HR.

In this particular case, a senior manager working with Ms Moxam made repeated derogatory and offensive references to immigrants in her presence causing her distress. At first instance, the tribunal rejected Ms Moxam's complaint on the basis that she was not herself an immigrant.

The EAT had little difficulty in overturning the tribunal's decision, noting that, protection from HR extends to behaviour based 'on racial grounds'. This is a wide formulation and covers any individual who is offended by racist or other offensive and discriminatory comments. It does not matter what racial group the Claimant actually comes from.


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