The Employment Appeal Tribunal (EAT) maintained the Employment Tribunal’s decision of awarding a middle Vento band for a single act of racial harassment. A middle band is between £8,800 and £26,300, and the tribunal awarded compensation in the middle of this bracket. The fact that the act was a single act, rather than a continuous behaviour was important for the tribunal to consider, however it was not definitive. The tribunal gave regard to the way the claimant felt as a result of the discrimination.
Despite the EAT maintaining the decision of the tribunal, it did grant the appeal for aggravated damages award, as the employer did not comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) when dealing with the claimant’s grievance after the employment had terminated. The tribunal granted an uplift of 25% due to the employer’s failure. Consequently, it would be prudent for employers to abide by the Code when dealing with grievances following the termination of employment.