Can bellowing a nickname across an office constitute race discrimination? Or is it just banter or political correctness gone mad?

A recent UK employment tribunal ruling saw a Polish engineer awarded compensation after being referred to as Sacha Baron Cohen’s infamous creation ‘Borat’ in a decision that could open up a wave of copycat claims based on country of origin. 

Barrister Snigdha Nag is a Senior Lecturer at The City Law School, City University London, and an expert in employment law. She warns there are some important steps to be taken by employers and employees alike. Snigdha explains: Never mind colour, are the comments about country of origin?  If so, it could be racism. Never mind the reaction, the recipient may feel obliged to laugh along.

Many migrant workers feel a need to fit in. That doesn’t mean they are not offended. The courts give little truck to the notion of ‘workplace banter’ and neither should employers. Avoid having an equal opportunities policy at your peril. However expensive or unnecessary, training your staff now may save a lawsuit later.