Harassment in practice?

This exercise asks you to consider what behaviour actually amounts to harassment, with reference to two real cases.

Read the case summaries and the questions that follow below and then discuss these with your groupmates in the forum.

Richmond Pharmacology vs Dhaliwal (2009) IRLR 336

Dhaliwal is of Indian origin and was employed by Richmond Pharmacology. In conversation with the medical director of the company, he remarked to her We will probably bump into each other in future unless you are married off in India. Dhaliwal claimed that this was racial harassment and the Employment Appeal Tribunal agreed.

(Adapted from Daniels, 2016)

Quality Solicitors CMHT vs Tunstall (2014) UKEAT/0105/14

Tunstall is Polish and worked for a solicitors firm. She overhead a colleague talking about her to a client who remarked She is Polish, but she is very nice. The colleague said that he actually commented She is Polish, and she is very nice. Tunstall made a claim of harassment, arguing that, regardless of the actual words spoken, an implication had been made that Polish people were not usually very nice. However, her claim was not successful, as the Employment Appeal Tribunal did not agree and ruled that this one comment was insufficient to amount to harassment.

(Adapted from Daniels, 2016)

Please add your thoughts on some of the questions below:

Both cases of harassment related to a single incident. Why do you think Dhaliwals claim was successful while Tunstalls claim was unsuccessful?

Do you agree with the EATs ruling in the case of Tunstall?