Jaguar Land Rover has been ordered to pay £19,152.01 compensation after an employment tribunal found that an employee had suffered harassment and discrimination. Coventry Telegraph report that Mr Hoyte (H), who is of African-Caribbean descent was off work for almost two years before his dismissal on the grounds of capability. An ET decided that H’s dismissal was fair, as he had been off work for a long period, there was no evidence of a return and the employer was entitled to conclude that ‘enough was enough’. However, the ET upheld H’s claims of racial harassment and disability discrimination.

The ET found that “racially offensive” terms were used by management and colleagues, one of which was ‘Abo’, which was bound to be very racially offensive to a black man. H’s disabilities included irritable bowel syndrome. H needed to be able to take urgent toilet breaks, but was told he must get permission to leave his workstation. The ET found that the rule was both embarrassing and demeaning in a way that a non-disabled colleague would not be subjected to. The ET added that while H had been discriminated against, it arose from carelessness and insensitivity to his protected characteristics rather than a climate of institutionalised hostility or racism.

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