Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Cape Industrial Services Ltd and Mr Mark McCoag: 3400891/2016 the Employment Tribunal held that, by consent, the claim of race-related harassment succeeded but that the claims for direct race discrimination and constructive dismissal succeeded. The Employment Tribunal awarded Mr Atkinson £8,000 compensation in respect of the claim of race-related harassment.

The facts in Cape Industrial Services Ltd and Mr Mark McCoag

Cape Industrial Services Ltd (“Cape”) provides maintenance services on onshore and offshore oil and gas installations. Mr Atkinson was a Rope Access Regional Manager at Cape.

On 28 July 2016 Mr Atkinson was present during a conversation between Mr McCoag and colleagues. During this conversation, when complaining about his son’s lack of application at work, and in Mr Atkinson’s hearing, Mr McCoag made the comment: “all I’ve done is work like a fucking nigger all my life”.

Mr Atkinson submitted a grievance regarding Mr McCoag’s comment. He then alleged that he had been subjected to the following allegedly discriminatory conduct by Cape:

  • That he was told that he could “expect some flack back” as a result of his grievance;
  • That he was told at a grievance meeting on 27 May 2016 that Mr McCoag’s comment was not considered to be gross misconduct;
  • That Cape had failed to engaged pro-actively and/or appropriately with him in the conduct of the grievance investigation (by not informing him of the outcome of Mr McCoag’s disciplinary proceedings);
  • That Cape treated racially abusive language as less serious than non-racially abusive language; and
  • That the above allegations of discrimination individually or cumulatively constituted a fundamental breach of Mr Atkinson’s contract of employment, rendering his resignation both unfair and discriminatory

The decision of the Employment Tribunal in Cape Industrial Services Ltd and Mr Mark McCoag

The parties agreed that Mr McCoag’s comment on 4 May 2016 constituted race-related harassment, and the Employment Tribunal upheld a claim for race-related harassment (under section 26 Equality Act 2010).

A guide on the law relating to harassment at work can be found here.

The Employment Tribunal dismissed, however, Mr Atkinson’s claims for direct race discrimination (under section 13 Equality Act 2010) and constructive unfair dismissal – the Tribunal found that the “flack” comment had not been made, that Mr Atkinson had not been informed at the relevant meeting that Mr McCoag’s conduct was not gross misconduct, that Cape had engaged proactively and appropriately with Mr Atkinson with regards to the grievance process, and that Mr Atkinson had not resigned because of a fundamental breach of contract.

A guide on the law relating to race discrimination can be found here.

Our solicitors’ view on Cape Industrial Services Ltd and Mr Mark McCoag

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Employers must ensure that fair, impartial and thorough grievances were undertaken (as the Tribunal found had been the case in this case), in order to ensure that internal mediation procedures are as successful as possible and, further, that potential discrimination cases are avoided”.

The judgment of the Employment Tribunal can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.72 Average

89 Reviews

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 day ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 4 days ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 4 days ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 5 days ago

Yulian Z

Great service

Posted 5 days ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 5 days ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 5 days ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 5 days ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 6 days ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 6 days ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 6 days ago

Richard A

Excellent service, prompt replies, great advice

Posted 6 days ago

Anonymous

Very professional services

Posted 6 days ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 1 month ago

Anonymous

Very happy from service received. Highly recommend

Posted 1 month ago

Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

Posted 1 month ago

Anonymous

I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

Posted 1 month ago

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 2 months ago