In Bakkali v Greater Manchester Buses (South) Limited t/a Stage Coach Manchester, B is of Moroccan origin and a Muslim. B told a colleague, Cotter (C) about a German journalist who went to Syria and spoke to Islamic State (IS) fighters. B quoted some of the article’s comments including that: “Mosul was a “Totalitarian State”, and that “IS are trying to enforce law and order upon its subjects, and that they are confident and proficient fighters.” Later, in the canteen, C said to B “Are you still promoting IS/Daesh”. This upset B. He was subsequently involved in an altercation with another colleague about allegedly promoting or supporting IS. An investigation concluded that B’s behaviour was threatening and abusive and he was summarily dismissed for gross misconduct. The EAT agreed with the ET that B had not been subjected to direct discrimination because of, or harassment related to, race or religion. C did not make the remark in isolation, but within the context of the previous conversation and B’s own comments. There was no evidence that C’s remarks were because of, or related to, race or religion.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.