Racial Harassment During Training [Law Relevant to Clinicians]

Avoiding Inappropriate Language in Medical Training Courses

In the case of Ms Theresa Georges v Pobl Group Ltd ET Case No: 1601213/2018 (March 2019) it was alleged at an employment tribunal that a racial slur had been used a number of times (as an example of inappropriate language) during a training session on the topic equality and diversity.

The tribunal held that: “The claim for racial harassment under s.26 of the Equality Act 2010 is well founded and there shall be a hearing listed to consider compensation.”

At paragraph 23 of the judgment, the tribunal also found:

23. As we have found above, we do find that the subjective element of the test is satisfied. We accept that the use of the full ‘n’ word by the trainer and by the three others in the training course had the effect of creating a degrading and offensive environment for the claimant and of violating her dignity. The ‘n’ word is by its very nature a deeply loaded and offensive word with distressing racial connotations which, we find, would necessarily have caused the claimant to feel deeply offended and uncomfortable.

And at paragraphs 28 and 29 of the judgment, the tribunal found:

28. In our finding the training was conducted insensitively. There was no use of euphemism or other means of allusion to words or phrases which would have avoided the need for the trainer and the delegates to express particularly loaded and offensive words explicitly. There are undoubtedly other means of training which would deliver the stated objective of highlighting to delegates that the use of certain words was prohibited and offensive without those words having to be expressed in full in a group context.

29. In our finding it was reasonable for the claimant to have been offended by the conduct.

This employment case illustrates the need for there to be much greater sensitivity towards trainees or delegates when delivering courses intended to highlight offensive language, during diversity and equality training. While the case related to a racial slur, the case is relevant to all language that might be considered offensive, and more so where there is a protected characteristic linked to the slur, such as relating to sex and gender, sexuality, disability. The case illustrates the potential inappropriateness of writing words on a board or asking people to shout out words that are considered to be offensive by others. This case is relevant to all types of training including at medical school or in the NHS or private and charitable sectors. Courses must therefore be carefully crafted so as to ensure that all participants feel that they are being treated with dignity, and that they are suited to all participants.

Doctors Defence Service can be contacted for advice about employment law matters on 0800 10 88 739