In Ms N S-R v SOAS University of London an employment tribunal judge has dismissed claims by Ms NSR, a Japanese academic at the School of Oriental and African Studies (SOAS) in London, that she experienced racial discrimination from a colleague who allegedly subjected her to “racist microaggressions.” These included “gazing” at her while “walking towards her” and recommending a sushi restaurant she might enjoy.
The tribunal in central London heard that Ms NSR was waiting near the provost’s office for a meeting when a fellow Professor mentioned a Japanese sushi restaurant near her home that her family enjoyed.
“[Ms NSR] took exception to this,” the hearing was told. She argued that the Professor’s assumption that she liked to talk about Japan was “biased in the first place,” and added, “‘She would not have said to a German person, I like sausage.’”
However, the tribunal found that Ms NSR was “predisposed to find fault with the Professor and to see race discrimination in the Professor’s interactions with her, when there was none.”
Dismissing her case, Employment Judge Jillian Brown said, “On one occasion in 18 months, the Professor spoke to Ms NSR warmly about her local Japanese restaurant and her family’s love of sushi. She did so, knowing that Ms NSR was Japanese and believing that [she] would receive this positively. She was making small talk and trying to establish a point of shared interest.”
The tribunal concluded that even if theProfessor’s comments were influenced partly by Ms NSR’s race, they were not a detriment nor harassment because “a reasonable person would not consider themselves at a disadvantage when a manager, trying to be friendly and find common ground, was enthusiastic about food from the person’s country of origin… [and] would not take offence at such complimentary and friendly words.”
The tribunal noted that in the Professor’s case, her words “were not even ‘unfortunate’. They were not reasonably seen as hurtful or misjudged. On the contrary, the Claimant’s objection reflected the Claimant’s own hypersensitivity and predisposition to find fault with the Professor.”
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.
