Two Southwark employees awarded payouts after racial comments are deemed to have gone beyond mere ‘banter’

By Robert Firth, Local Democracy Reporter

A Southwark council employee was promoted months after making racist remarks to two black colleagues, an employment tribunal heard.

The male staff member, who worked in the council’s social services team, was appointed to manage colleagues Wendy Andrew and Kevin Baptiste shortly after having a racist outburst at them during a team meeting in 2018.

He said: “It’s blacks over there and whites over here,” and asked: “Why can’t Wendy and Kevin do it, oh I forgot they don’t work with white middle class families.” The team manager, who was present but cannot be named for legal reasons, dismissed the comments as banter.

An employment tribunal held over four days in May found Southwark council racially discriminated against Wendy Andrew and Kevin Baptiste, victimised them and subjected them to harassment related to their race.

Mr Baptiste was awarded £37,292 in compensation from the council, while Ms Andrew received £26,865 according to a tribunal judgement.

Mr Baptiste raised a grievance in 2020 after a separate incident where the same colleague, by that time Mr Baptiste’s manager, lost his temper with him in an online meeting.

Despite the incident being found to be a breach of policy, the staff member was never disciplined for his behaviour, the tribunal heard. Meanwhile Mr Baptiste was excluded from weekly team meetings until the outcomes of the grievance investigation were complete and placed under a different line manager.

Following the conclusion of the investigation, Mr Baptiste had two of his three allegations upheld and it was recommended his former manager apologise to Mr Baptiste and engage in mediation with him and Ms Andrew.

Other more general suggestions were also made about anti-discriminatory and anti-racist training at the council. The employment tribunal found that other than mediation, the council didn’t implement the recommendations.

Ms Andrew meanwhile took sick leave from the council. When she returned in 2022, she was anxious about returning to the team with the colleague in charge and was moved to a different one.

The tribunal concluded that Mr Baptiste and Ms Andrew were treated less favourably than their colleague and said it was due to their race that the council had ‘failed utterly’ to address the two black workers’ complaints.

In the tribunal’s judgement, the Labour-led council didn’t want to take disciplinary action against the colleague because of the possibility that the racism allegations could taint the organisation.

Councillor Victor Chamberlain, leader of Southwark’s Liberal Democrat opposition said it was “deeply concerning” that the local authority had failed to tackle the racist behaviour.

He said: “This shocking ruling is absolutely inexcusable. Racism has no place in Southwark, so to learn that it has happened in our council is beyond unacceptable.”

A spokesman for the local authority said: “Southwark council accepts the findings of the tribunal. This case, dating back to 2018, shows we have more to do to eradicate all forms of discrimination in the workplace.

“In 2020, the council established Southwark Stands Together, a long-term commitment to tackle racism, injustice and inequality wherever it occurs. Through this we have introduced training, policies and procedures that underlines the council’s commitment to eradicating all forms of racism.

“We will learn from this tribunal and ensure that everyone who works for us, is treated fairly, and supported to achieve their full potential in an organisation as diverse as the borough we serve.”

Pictured top: Victor Chamberlain leader of the Lib Dems (Picture: LB Southwark)