Company Liable For Racial Harassment Despite Lack Of Racist Intent

A food manufacturer has been found liable for harassment related to race after a manager referred to a black employee as a “little monkey”.

The employment tribunal accepted that the manager had no racist intent and had been attempting to compliment the employee’s performance. However, it found that the comment violated the dignity of another black employee who heard it.

Employment Tribunal Finds Comment Amounted To Race-Related Harassment

The claimant worked for Andros UK Limited and was employed in its site services team. His responsibilities included driving a forklift truck, disposing of waste, testing and pumping milk and washing plastic box pallets.

During a performance improvement meeting on 29 January 2024, the claimant’s manager compared his productivity with that of a former colleague.

The tribunal found that the manager said the former colleague, who was black and aged 65, would “run around like a little monkey to get things done”.

The claimant, who described himself as an African-Caribbean black man, found the use of the word deeply offensive.

The manager could not recall making the comment. He told the tribunal that in Romania, where he was born and raised, the word could be used without negative intent to describe someone’s agility, energy or physical ability.

The tribunal accepted that explanation and found that the manager had intended to compliment the former employee’s productivity rather than make a racial insult.

Nevertheless, it said the word “monkey”, when used in relation to a black person, was a widely recognised racial slur in the UK.

The tribunal concluded that the comment was unwanted conduct related to race. Although it was not intended to violate the claimant’s dignity, it had that effect and it was reasonable for the claimant to regard it as offensive. The decision is consistent with the approach set out in the Equality and Human Rights Commission’s guidance on harassment at work, which explains that conduct can amount to unlawful harassment where it has the purpose or effect of violating a person’s dignity or creating an offensive environment

It described the remark as more than trivial or transitory and upheld the complaint of harassment related to race.

The Impact Of Conduct Can Matter More Than Intention

The tribunal did not find that the one-off comment had created an intimidating, hostile, degrading, humiliating or offensive working environment. There was no evidence of similar previous incidents or other unwelcome racial comments by the manager.

The claimant’s remaining complaints, including age harassment, direct race and age discrimination, whistleblowing detriment and dismissal, discriminatory constructive dismissal, refusal of rest breaks and breach of contract relating to notice pay, were dismissed.

The tribunal also accepted that the company had legitimate concerns about the claimant’s performance.

For employers, the decision serves as a reminder that conduct may amount to unlawful harassment even where no offence was intended. It also highlights the importance of providing managers with appropriate training and ensuring workplace policies clearly address equality, diversity and inclusion issues. Employers should regularly review their approach to handling complaints and take steps to minimise the risk of claims arising from inappropriate workplace language or behaviour.

What This Means For Employers

Compensation will be determined at a separate remedy hearing. The tribunal will also consider whether to reduce the award by up to 25% because of the claimant’s failure to comply with the Acas Code of Practice.

This case is a reminder that the impact of workplace conduct can be just as important as the intention behind it. If you would like advice on managing discrimination risks, training managers, reviewing workplace policies or responding to employee complaints, please contact us or a member of our Employment team. We advise employers and HR professionals on a wide range of workplace issues, including workplace discrimination and harassment matters, employee relations concerns and managing employee performance and capability issues.

Case Details

Mr H Jones v Andros UK Limited

Employment Tribunal, Bristol

Employment Judge Leverton, Ms S Maidment and Mrs M Metcalf

Hearing dates: 15–18 June 2026

Deliberations: 19 June 2026

Judgment approved: 15 July 2026

Case number: 6002021/2024

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