Dealership that brushed off racial slurs as “banter” loses discrimination claim

Employee claimed he was subjected to racial jokes, gestures and accents

Dealership that brushed off racial slurs as “banter” loses discrimination claim
The Listers Group Coventry Audi showroom where Bali worked. Image: Google Street View.

A car dealership that dismissed racist language used against one of its employees as “banter” has lost claims for direct racial discrimination and victimisation at Birmingham employment tribunal.

Among the allegations were claims colleagues had referred to Mr L Bali as “Apu”, made racial jokes, gestures and accents when speaking to or near him, and passed offensive remarks in Urdu and Hindi.

Bali, who worked at Listers Group as a sales executive at its Coventry Audi showroom, claimed the comments had been dismissed as “banter” by his colleagues, who told him he was being annoying when he sought help.

At tribunal, Bali made 13 allegations of less favourable treatment, including that he had been denied opportunities because of his race, a claim of harassment related to race, victimisation and a constructive unfair dismissal claim.

The tribunal decided Bali had suffered victimisation because of failings in the grievance process, while Listers Group had breached the implied term of trust and confidence in employment with a number of inappropriate actions.

Employment judge Broughton said: “It seems to us that if individuals swear in a particular language that can only be understood by those of a particular race and those individuals take offence, then that must be less favourable treatment because of race.

“It is targeted in terms of the audience, whether consciously or not.”

Claims Bali had been referred to as “Apu” were dismissed, as the complaint did not form part of his original allegation and there were no reliable witnesses.

Judge Broughton said: “As with many of [the claimant’s] allegations, over time they appear to have been exaggerated and embellished as was the alleged effect that they had on him.”

The tribunal concluded the only possible award could be for injury to feelings.

A provisional remedy hearing has been scheduled in case the two parties cannot come to an agreement on their own.

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