Case update: Race discrimination

A former British Army soldier was successful in his claim for race discrimination and harassment following the suggestion that he was “playing the race card”. The Claimant was a Rastafarian French Horn player in the Grenadier Guards, working in various military bands from 2005. One day he was denied entry to his barracks while wearing civilian clothing by a guard who did not believe he was a soldier. The Claimant later returned in uniform to discuss the matter with the guard and his superior officer and raise his concerns about his treatment. However, the superior officer accused him of turning the incident ‘into a racial thing’ and ‘playing the race card’ and this led to the Claimant being disciplined for this altercation!

The tribunal held the comments of the superior officer amounted to direct race discrimination. Direct race discrimination occurs where a person treats another person less favourably because of their race.  
The tribunal found that it was ‘inconceivable’ that a white person would have faced the same accusation of ‘playing the race card’. The comment was ‘irrefutably connected’ with race. The tribunal went on to find that the Claimant had been racially harassed. He had also suffered racial victimisation (as he had been treated unfavourably by reason of having raised the possibility of race discrimination in the first place).

The outcome in this case is not surprising given the language involved and the behaviour of the superior officer and it serves as a reminder to employers that employees, especially managers, need clear and regular training on equality and diversity. Comments such as in this case have no place in the workplace or anywhere in our society.