Want to talk to an expert employment law solicitor?

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

In the case of Nazarczyk v TJ Morris Limited & Cowley ET/2401275/2017 the Employment Tribunal held that a Polish worker was subjected to direct race discrimination when a colleague made the comment to him that he should “go back to Poland” after an argument.

The facts in Nazarczyk v TJ Morris Limited & Cowley

Mr Nazarczyk was an employee of TJ Morris Limited (“TJ Morris”), based in Liverpool. Mr Nazarczyk was a Polish national.

Mr Nazarczyk made a claim to the Employment Tribunal alleging that a number of acts of race discrimination had taken place in the workplace, including:

  • That a colleague, Mr Cowley, would deny Mr Nazarczyk leave unless Mr Cowley was given a bottle of vodka
  • Mr Nazarczyk’s clean clothes being dumped on the floor by Mr Cowley
  • General allegations that Mr Nazarczyk had been treated differently from his British colleagues because he was foreign
  • That Mr Cowley had told Mr Nazarczyk that he should “go back to Poland” when there was a disagreement over working arrangements

Mr Nazarczyk supplied the Employment Tribunal with evidence that he had submitted a grievance regarding the comment from Mr Cowley that he should “go back to Poland”, and that TJ Morris had rejected his grievance but had apologised for Mr Cowley’s behaviour.

The decision of the Employment Tribunal in Nazarczyk v TJ Morris Limited & Cowley

The Employment Tribunal upheld Mr Nazarczyk’s claim for direct race discrimination in respect of one head of claim: that Mr Cowley had subjected Mr Nazarczyk to direct race discrimination in making the comment that he should “go back  to Poland”.

Direct  race discrimination (section 13 Equality Act 2010)

The Employment Tribunal held that there was insufficient evidence to support any of the allegations of direct race discrimination save that of the comment that Mr Nazarczyk should “go back to Poland”.

The Tribunal found that the comment that Mr Nazarczyk should “go back to Poland” was inappropriate and that it had been been made because Mr Nazarczyk was not of British nationality – the Tribunal disagreed with Mr Cowley’s argument that he would have made the comment “go back to Bath” to a British worker from Bath, and in any event stated that the comment was not the same as it lacked racial overtones.

The Tribunal directed TJ Morris to implement equality and diversity training for its employees and, further, that Mr Cowley apologise to Mr Nazarczyk.

The Tribunal ordered that a remedy hearing be held in due course to consider how much compensation Mr Nazarczyk should be awarded.

Our solicitors’ view on Nazarczyk v TJ Morris Limited & Cowley

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case shows that a single inappropriate comment related to a worker’s protected characteristic (such as, in this case, their race) can lead to a successful claim for discrimination. Employers should be careful to train their employees in diversity and equality policies in order to achieve two objectives: 1) to train employees in how to deal appropriately with their colleagues; and 2) in order to protect themselves against being vicariously liable if one of their employees does discriminate against or harass a colleague.”

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

4.70 Average

73 Reviews

Richard v

Excellent Service

Posted 6 days ago

Anonymous

Very happy from service received. Highly recommend

Posted 6 days ago

Colin W

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

Posted 6 days 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 week 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 1 month ago

Nicola W

Fantastic service, very quick and efficient. Thank you

Posted 1 month ago

Anonymous

Excellent professional service.

Posted 1 month ago

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 month ago

Anonymous

Prompt, professional and excellent service.

Posted 1 month ago

Dominic C

Excellent service, prompt and helpful

Posted 1 month ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 1 month ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 1 month ago

Anonymous

Professional from start to finish.

Posted 1 month ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 1 month ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 2 months ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 2 months ago

Anonymous

Good advice

Posted 2 months ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 2 months ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 2 months ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 2 months ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 2 months ago