29 Oct “Fat ginger pikey”

This is concerning the case of Mr D P Evans v Xactly Corporation Ltd (UKEATPA/0128/18/LA). The Claimant lost an appeal to the Employment Appeals Tribunal against a finding that was no harassment against an employee who was called a “Fat ginger pikey”.  Some of the reasons given by the Employment Tribunal were as follows:

  1.  The comments were not unwanted since the Claimant was such an active participant of the culture of banter;
  2. The comments did not have the effect of violating the Claimant’s dignity as he was not offended by them;
  3. The Claimant suffered from diabetes which was an alleged disability. However, the Claimant had not proved any relationship between his weight and his disability.

The appeal decision can be seen here: Mr D P Evans v Xactly Corporation Ltd

 

 

 

 

 



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