According to the receptionist, other employees at Harper Hotel in Norfolk made comments that used the 'n' word, and referred to guests as “blacks”.
One manager allegedly accused the receptionist of taking drugs, because “all you blacks are”. When she reported her concerns to managers, the tribunal heard that they did not investigate any further.
The tribunal that ruled this amounted to race discrimination, race harassment and constructive dismissal.
This case highlights the importance of ensuring that employers conduct investigations into reports of racism, said Stephen Ravenscroft, employment partner at law firm Wedlake Bell.
Speaking to HR magazine, he said: “This case illustrates the need for employers to take complaints of discrimination and harassment very seriously, to investigate them thoroughly, to keep a clear paper trail of the evidence uncovered and the reasons for any decisions or outcomes reached, and to ensure appropriate disciplinary sanctions are imposed against wrongdoers where complaints are upheld.”
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Georgia Sylvester worked as a receptionist in June 2021 until April 2023.
She told the tribunal about several instances where she witnessed racist comments being made by other members of staff, which she claimed that managers did not investigate. Further, the managers she reported to made further racist comments after she had reported her concerns to them, the tribunal heard.
Sylvester's first claim referred to an incident in November 2021 where a bar manager said: “I want every fucking foreigner out of the country,” in front of her.
Sylvester told the tribunal that she challenged the bar manager on this, explaining that her family came from abroad, and asked him to not say that again in her presence.
On a later occasion, the same bar manager called a colleague from Poland a “foreigner” in front of Sylvester and a colleague. The colleague challenged him on his language, to which he replied words to the effect of: “I’ll call them whatever the fuck I want.”
Both Sylvester and the colleague complained about his behaviour to senior managers, who said that there was nothing that could be done. A manager told Sylvester, who is of mixed heritage, that she “was not dark enough to be offended” by the comment.
In another instance, the tribunal heard that the general manager at the time issued the duty manager, John Holmes, a warning, after he shouted at Sylvester and another receptionist.
In his witness statement to the tribunal, Holmes said he was “embarrassed” by the incident but also claimed that Sylvester “resented me ever being made duty manager”; that she sought to make his time at work problematic; and that she led a clique among staff.
Judge Graham noted that this was indicative of Holmes holding "resentment" towards Sylvester.
The tribunal also heard that Sylvester thought she had not been promoted due to her mixed-race heritage.
In June 2022, the reception manager left and her roles were distributed among staff. Sylvester picked up the bigger share of the manager’s roles, but when she raised the issue with managers she was told the hotel was not looking to hire anyone to fill the role.
When she was signed off sick, however, the previous reception manager was brought back. The tribunal heard evidence from two of Sylvester’s colleagues that the hotel would not want “anyone who looked different” in the role as they wanted “a class of person or a more demure manager” in order to make it a “very traditional British service”.
Later, Sylvester told the tribunal that Holmes accused her of doing drugs. Sylvester was discussing an incident where staff had found guests at the hotel doing drugs. During the conversation, Holmes turned to her and said that she “obviously” takes drugs.
When she denied it, Holmes reiterated “of course you are” and “all you lot are” before saying “all you blacks are”.
On a separate occasion, Sylvester said she felt unwell. Holmes responded “look at you, it’s just who you are isn’t it”.
When she reported it to managers, they, again, brushed it off and said it was “generational” humour and that she must have had a “very sheltered” life.
Sylvester claimed that she felt Holmes was “chipping away” at her, and that the managers’ response suggested she needed to put up with racist abuse. She began to consider resigning.
In March 2023, Sylvester received an email at the reception desk that involved children staying in a room and being over capacity.
When she raised the issue with Holmes, he said: “Well that’s just a n*gger in a woodpile, isn’t it?”. The tribunal noted that this phrase described a hidden problem that was about to come out. Sylvester told the tribunal that she found the comment offensive.
“The fact that [Holmes] looked me in the eye and used that word to me felt like he was specifically directing offence towards me,” she said in her witness statement.
At the time in which Holmes' comment was made, Sylvester messaged two colleagues for support. She subsequently started to hyperventilate and have a panic attack.
Later, Sylvester made a grievance complaint. HR conducted an investigation into Holmes' comments, which it concluded could not be substantiated as there were not sufficient grounds.
The tribunal found the investigation “wholly inadequate”, and that the manager who conducted them “adopted a closed mind”.
During the tribunal, judge Graham heard from the hotel owner, Sam Cutmore-Scott, who claimed that Sylvester was unreliable.
When questioned about why, he said that on one occasion she was signed off sick due to switching her medication, and on another she asked to rearrange a shift due to her childcare responsibilities. He also said that he thought she was suffering from a paranoid delusion disorder.
“The allegations made against [Sylvester were] extraordinarily hostile and made on the most scant evidence”, the tribunal report noted. Judge Graham described this as “character assassination” against Sylvester.
The tribunal also saw that Sylvester’s GP notes showed she had reported racial abuse at work, that unsupportive management had made her feel she was a problem, and that this caused a big dip in her mental health. Sylvester suffered with anxiety and depression, for which she had been prescribed medication.
She was signed off from work with stress the day after her doctor appointment and appealed the result of her grievance, the results of which the tribunal claimed was also flawed.
Sylvester later resigned, suggesting there was “institutionalised racism” and citing the “failure” to take seriously her comments during her grievance as the reason.
Judge Graham ruled that she had been subjected to race harassment and discrimination by Holmes.
It noted that all of these acts, as well as the fact that they were not investigated, amounted to a breach of duty and mutual trust and confidence, and was therefore a constructive dismissal. The case is set for a remedy hearing.
Following her resignation, the hotel implemented mandatory diversity, equity and inclusion training for senior managers during induction.
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“There are many learning points from this case,” said Pam Loch, managing partner at law firm Loch Law, speaking to HR magazine.
“It highlights the importance of robust anti-discrimination policies, with managers and staff being given training on this, and the need for employers to create an inclusive and respectful workplace.
“The tribunal's decision serves as a reminder that employers must not only implement these policies but also ensure they are effectively enforced with managers taking complaints seriously and not trivialising them or indeed exacerbating the situation by making inappropriate or discriminatory comments in response.
“A failure to takes these steps to prevent or deal with allegations of unlawful discrimination can result in significant legal repercussions and damage to an organisation's reputation.”
