Employment Appeal Tribunal Upholds Race Harassment Claims Against Payone Gmbh
The EAT found errors in the original tribunal's handling of a harassment complaint and the timeliness of two other substantiated claims, relating to alleged race-related incidents at Payone Gmbh.
• public
Payone Gmbh Faces Further Scrutiny After Race Harassment Appeal
The Employment Appeal Tribunal (EAT) has partially upheld an appeal by Mr J Logo against Payone Gmbh and others, finding that the original Employment Tribunal (ET) erred in its analysis of a harassment complaint and in ruling two substantiated acts of harassment as out of time. The case, Mr J Logo v Payone Gmbh and others [2025] EAT 95, centres around several allegations of race-related harassment during Mr Logo's employment with the company.
Key Issues in the Appeal
The appeal focused on three primary complaints:
- The 'Black Face' Incident: In November 2016, a colleague attended a company Christmas party in blackface. The ET accepted that this constituted harassment due to its effect on the claimant, but ruled the claim was filed too late.
- Offensive Joke at Dinner: In June 2019, a colleague allegedly made a racially charged joke during a dinner. The ET substantiated the claim but also deemed it out of time.
- 'Pure Blond' WhatsApp Post: In December 2020, a manager shared an advertisement featuring only blonde individuals. The ET ruled that the post wasn't related to race and didn't constitute harassment.
EAT's Findings and Rulings
His Honour Judge James Tayler found that the ET had made several errors:
- Time Limit Errors: The EAT criticised the ET's approach to extending time limits, stating that the ET had failed to adequately consider the prejudice to the claimant in being denied a remedy for the harassment they factually experienced.
- 'Pure Blond' Post: The EAT ruled that the ET incorrectly analysed the 'Pure Blond' WhatsApp post, stating that the circulation of a video depicting a utopia of white blond people was “obviously related to race”. The EAT found the panel didn't appropriately take into account the claimant's perception or context.
Remitted Issues
The EAT has remitted the following issues back to the Employment Tribunal for redetermination:
- Whether it is just and equitable to extend time for the 'Black Face' incident and the 'Offensive Joke at Dinner'.
- Whether the 'Pure Blond' advert had the 'effect' of violating dignity (the 'purpose' issue remains dismissed).
Implications for Employers
This case highlights the importance of several key issues for employers:
- Understanding the broad scope of "related to" under the Equality Act 2010's harassment provisions. Conduct can be related to a protected characteristic even if it's not directly "because of" it.
- Diligently assess the subjective "effect" of conduct from the claimant's perspective when determining whether harassment occurred.
- Ensuring policies and practices prevent unwanted conduct relating to protected characteristics.
- Handling historic complaints with care, following legally sound principles for considering extensions to time limits.
The outcome of the remitted hearing will be closely watched by legal professionals and employers alike, and we will bring you updates as they happen.
Read the entire judgement here: Mr J Logo v Payone Gmbh and others [2025] EAT 95
