Race/religion discrimination: harassment
Case Bakkali v Greater Manchester Buses (South) Ltd UKEAT/0716/17/RN
Facts B, a Moroccan Muslim bus driver, made comments about IS/Daesh which might be interpreted as favourable. A colleague asked him if he was still promoting IS/Daesh. This resulted in a confrontation during which B was frightening, aggressive and intimidating. B was dismissed. He complained of discrimination and harassment. The ET dismissed the complaints and B appealed to the EAT.
Decision 1. The appeal was dismissed.
The comment made to B was unwanted conduct and had the effect of humiliating him. However, the ET was entitled to take into account the context in which the words had been spoken and to determine that the comment was not related to the religion, race or belief of B.