Human resources at a click

Capita not liable to compensate for employee’s racist comments

board-room-table-with-pink-chairs

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers.

The claimants in this claim complained about a racist comment made by their manager in the workplace.  Although the manager denied this, the Employment Tribunal (ET) found the claimants’ evidence ‘clear and convincing’.

To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring.

The ET upheld complaints against the manager, but Capita were not held vicariously liable.  The ET concluded that Capita had done everything it reasonably should have to prevent the incident.  The ET commented: “Capita did not just have comprehensive policies in place. It communicated them, trained all employees on them and updated that training annually.”

This case is a reminder of an adage that employers are generally wise to follow: ‘prevention is better than cure’. In following the adage, organisations should seek to become model employers; putting in place effective policies and training, following fair practices and cultivating open and honest workplace cultures.  Many employers take action once matters have been reported to them, as they should, but this does not detract from the obligation to take reasonable steps to prevent such situations occurring in the first place.

Clarkslegal’s employment lawyers are here to help. For further information or if you have any questions, please do not hesitate to get in touch with our employment lawyers.

Disclaimer This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.
Employmentbuddy
Employment Team

Related Articles

The Employment Rights Bill will make it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who return...

The Employment Rights Bill is a draft law set to significantly expand workers’ rights. It is currently still making its...

In October 2024, a new duty was placed on employers to take reasonable steps to prevent sexual harassment in the...

Related Resources

IR35 – Off-payroll working rules

This IR35 – Off-payroll working rules factsheet will provide an overview of the current IR35 scheme and set out the...

Study – training course agreement letter

Training course agreement for employee. Preview of letter Dear [name of employee] [STUDY/TRAINING COURSE] AGREEMENT I am writing to confirm...

Employment Law Facts and Figures – Family Friendly Rates

Employees are entitled to various family-friendly rights in the workplace. These rates are reviewed annually, typically increasing in April each...

Human resources at a click