Thursday June 20, 2024
London, UK (HOL) — An employment tribunal has ruled that used car seller Stellantis & You discriminated against two sales advisers, who were subjected to racial slurs, including being called a "Somali pirate" and a "Black bastard."
The tribunal found that both the employer and managers, Matthew Worsley and Tim Pickering, harassed Fathia Omar and Anthony Oguntokun based on their race. Omar's departure from Stellantis & You UK was deemed constructive unfair dismissal. The judge determined that Worsley repeatedly referred to Omar as a "Somali pirate," which amounted to racial harassment.
Employment Judge Patrick Quill ruled that Omar and Oguntokun had proven their claims of harassment and racial discrimination against Stellantis & You. The tribunal found that Worsley had harassed Omar by calling her a "Somali pirate" and making other racially charged remarks, such as calling her a "foreigner" and spraying her with air freshener while commenting about a "Somali smell" or "bullshit smell."
Omar was excluded from WhatsApp groups for other workers on sick leave and was wrongly informed she would not be paid for her sick leave. The tribunal found this amounted to a breach of contract and constructive dismissal. Omar resigned shortly after, with the tribunal confirming her resignation was due to the employer's breach of contract.
The tribunal also found Stellantis & You liable for direct race discrimination against Oguntokun. Worsley had called him a "Black bastard" and referred to Black customers as "your lot," which amounted to race discrimination. A comment by Pickering, referring to the racial discrimination as "banter," was also deemed harassment.
The tribunal also found Stellantis & You liable for direct race discrimination against Oguntokun. Worsley had called him a "Black bastard" and referred to Black customers as "your lot," which amounted to race discrimination. A comment by Pickering, referring to the racial discrimination as "banter," was also deemed harassment.
The tribunal concluded that the harassment created an "intimidating, hostile, degrading, humiliating, or offensive environment" for Omar. The remedy for the workers will be determined after a hearing in September.