After a decade of bullying, a black security manager receives PS360k

An employment tribunal awarded PS360.700 to a black security manager, who quit his job because he was ‘victimized by continuous bullying and racism.’ This included being called a slave.

In 2007, Mr Assan of African descent began working at Cavendish Square in London for Wilson James Security. In 2010, he was transferred to the respondent Vigilant Security by TUPE and soon promoted to site controller. He then became security manager in 2018

The tribunal found that there was a “striking disparity” in the racial profile of Vigilant security guards, who were mostly ethnic minorities. Managers, on the other hand, were almost exclusively White. The director of operations Mr Rampe told the panel they have made real efforts to correct this imbalance but that they were not successful.

In April 2022 Assan, in a letter, resigned immediately, claiming that he had been the victim of racism and bullying since 2011.

The tribunal examined no less than 63 allegations of race-related discrimination and harassment as well as discrimination due to disability and victimisation.

In June 2011, the white chief engineer of a contractor at the site made a comment to the other workers in the security office, calling Assan his “slave”.

The panel stated: “This extraordinary comment was delivered in an amusing manner.” It is not surprising that the claimant felt embarrassed and offended.

In the same year, a colleague made a Nazi salute and shouted “Heil Hitler”. Rampe, in 2012, asked Assan where he learned English. The tribunal determined that this was influenced by Assan’s race.

In 2015, Mr X referred to certain Eastern European visitors as “stupid aliens”. In 2015, “Mr X” referred to some Eastern European visitors as “stupid foreigners”.

The tribunal determined that Assan’s race played a role in his “obvious injury” caused by the failure to promote him when his application for promotion was rejected in 2016.

The tribunal found that the majority of his claims were not harassment. All but two of the claims that survived were rejected because they did not rest on conduct “related” to race or were submitted out-of-time, so the tribunal was unable to consider them.

The judge stated: “In my judgment, [Rampe]’s overtly racial-based treatment towards the claimant was more than enough to shift the burden of disproving discrimination to the respondent.” That burden is not discharged.”

‘s judgment said: “There are certainly racial incidents in this long story.” Our focus must be on the dismissal, and the circumstances that led to the resignation.

The court added: “Plainly the respondent’s conduct towards the claimant in 31 January 2022, when he called him to a disciplinary investigation meeting without warning, suspended him, and sent him a list with unparticularised accusations of gross misconduct, constituted adverse treatment.”

The tribunal decided that Vigilant Security would pay Assan PS360.700 for the successful victimisation and unfair termination claims. This includes past and future loss, emotional injury, personal injury and a basic unfair discharge award. It also includes interest, an Acas increase of 17.5% and grossing for tax.

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