Grievance appeal comment found to be race harassment
A tribunal found that a manager's comment to a mixed-heritage employee during a grievance appeal hearing amounted to direct race discrimination and harassment, awarding £20,243 in injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #harassment
- #grievance-handling
- #injury-to-feelings
- #simmons-v-castle-uplift
Key facts
- The claimant, who is mixed heritage black Caribbean/white, worked as an administrator for the respondent from 6 February 2017.
- In January 2019, the claimant informally complained about a racist comment made by a colleague, Joanne Rolska.
- The respondent investigated the comment and gave Rolska a warning, but did not inform the claimant of the outcome.
- At a grievance appeal hearing on 20 January 2020, Diane Cheeseborough told the claimant she could not understand why she was offended by the comment since she was not present when it was made.
- The tribunal found that Cheeseborough's comment amounted to direct race discrimination and racial harassment.
- The claimant's other claims of discrimination, victimisation, and constructive unfair dismissal were dismissed.
Timeline
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Claimant started work
Miss A Waring began employment with Tudor Contract Cleaners Limited as an administrator.
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Racist comment made
Joanne Rolska said 'they can't drive because they are black' about a colleague. The claimant was not present but was told about it.
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Claimant raised complaint
The claimant informally complained to Rob Morrison about the racist comment made by Joanne Rolska.
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Claimant resigned
The claimant walked out of work and sent a resignation email, citing a toxic environment and lack of support.
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Formal grievance raised
The claimant submitted a formal grievance letter to the managing director, alleging race and sex discrimination.
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Grievance hearing
A grievance hearing was held with an independent consultant, Emma Whitmore.
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Grievance outcome
The respondent sent a letter rejecting the grievance, stating the racist comment was not made with intent and had been dealt with.
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Grievance appeal hearing
At the appeal hearing, Diane Cheeseborough asked the claimant why she was offended by the comment since she was not present. The tribunal later found this comment to be discriminatory.
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Appeal outcome
The appeal was not upheld. The respondent confirmed the comment had been investigated and action taken.
The legal issue
The tribunal had to decide whether a comment made by a manager during a grievance appeal hearing constituted direct race discrimination and harassment under the Equality Act 2010, and whether the claimant was constructively unfairly dismissed.
The outcome
The tribunal upheld one claim of direct race discrimination and harassment, but dismissed all other claims including constructive unfair dismissal.
Key reasons:
- Diane Cheeseborough's comment at the appeal hearing was found to be discriminatory and harassing.
- The comment undermined the claimant's experience of racism and was not a reasonable management response.
- The claimant's resignation was not found to be a constructive dismissal as the respondent had taken some steps to address the original racist comment.
Compensation:
- £20,243 for injury to feelings (no breakdown provided).
Lessons & takeaways
- Employers should ensure that grievance appeal hearings are conducted sensitively, avoiding comments that dismiss or minimise an employee's experience of discrimination.
- Even if a grievance is not upheld, the manner in which it is handled can give rise to separate discrimination claims.
- Claimants should be aware that a successful claim for injury to feelings can be awarded even if other claims, such as constructive dismissal, fail.
This case shows how the handling of a grievance appeal can itself become the source of a discrimination claim. The claimant, an administrator of mixed heritage, had complained about a racist comment made by a colleague. While the respondent investigated and gave the colleague a warning, the claimant was not told the outcome, and the issue festered.
At the appeal hearing, a manager told the claimant she could not understand why she was offended by the comment since she was not present when it was made. The tribunal found this comment was not just insensitive but amounted to direct race discrimination and racial harassment. It dismissed the claimant's experience and effectively blamed her for being offended.
The respondent could have avoided this by training managers on how to handle discrimination grievances, ensuring that appeal hearings focus on the employee's experience and do not minimise the impact of racist comments. The tribunal noted that the comment was not a reasonable management response.
For employees, this case highlights that the way a grievance is handled can be as important as the original incident. Even if the underlying grievance is not upheld, a discriminatory comment during the process can lead to a successful claim. The award of £20,243 for injury to feelings reflects the distress caused by the appeal hearing comment, even though the claimant's other claims were dismissed.
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