In a significant legal victory against workplace racism, an Indian man employed at a KFC outlet in the United Kingdom has won a race discrimination claim against his former manager. The employment tribunal ruled in his favor, awarding him substantial compensation for the harassment and unfair dismissal he endured.
The Incident and Discriminatory Abuse
The case centered around events at a KFC franchise located in Stratford, London, operated by a company called KFC London North. The employee, Mr. Bhavan Bipin Bhatt, was subjected to deeply offensive racial abuse by his then-manager, Mr. Rigin Kolathara. The tribunal heard that during an argument in July 2022, Mr. Kolathara referred to Mr. Bhatt using a highly derogatory term, calling him a 'S*** Indian'.
This verbal attack was not an isolated incident. The tribunal found that Mr. Kolathara's conduct created an intimidating, hostile, degrading, humiliating, or offensive environment for Mr. Bhatt. This single act of racial abuse was severe enough to constitute unlawful harassment related to race under the UK's Equality Act 2010.
Unfair Dismissal and Tribunal Findings
The conflict did not end with the abusive slur. Following the argument, Mr. Bhatt was suspended from his duties. The situation escalated until his employment was terminated in August 2022. The employment tribunal meticulously examined the circumstances of his dismissal.
Judge Robin Postle, presiding over the case in East London, delivered a clear verdict. He stated that the principal reason for Mr. Bhatt's dismissal was the argument he had with Mr. Kolathara. Since that argument involved race discrimination, the dismissal was automatically considered unfair. The judge emphatically rejected the employer's claim that Mr. Bhatt was fired for alleged gross misconduct.
The tribunal's judgment was scathing in its assessment of the employer's actions. It noted that the company conducted a 'wholly inadequate investigation' into the incident. Furthermore, the employer failed to follow the Acas Code of Practice on disciplinary and grievance procedures, which is a established standard for fair process in UK workplaces.
Compensation and Legal Outcome
As a result of the successful claims for both racial harassment and automatic unfair dismissal, the employment tribunal awarded Mr. Bhatt a total of £30,737.62 in compensation. This sum is intended to cover his financial losses and provide compensation for the injury to his feelings caused by the discrimination.
The ruling sends a powerful message about the seriousness of racial discrimination in the workplace. It underscores that using racial slurs against employees is not only morally reprehensible but also carries significant legal and financial consequences for employers and individual managers.
This case highlights the critical importance of robust policies and training to prevent racial harassment. It also demonstrates the effectiveness of the UK's legal framework in protecting workers from discrimination and holding perpetrators accountable, regardless of the workplace setting.
