Campbell v Sheffield Teaching North Hospitals NHS Foundation Trust & Hammond
Campbell v Sheffield Teaching North Hospitals NHS Foundation Trust & Hammond [2025] EAT 42
Facts
The claimant was a member of a trade union who wanted to quit their position. While working for the Trust, Mr. Hammond also held the position of trade union Branch Secretary on a full-time basis. During their conversation, the Claimant and Mr. Hammond had a disagreement on the deductions that the trade union was taking from their income. When Mr. Hammond was in a state of rage, he made a statement that had the potential to be considered racial abuse. A allegation of racial harassment was made by the claimant.
Held
At the conclusion of the Employment Appeal Tribunal:
That the panel had reached a reasonable conclusion that the statement was not uttered "in the course of employment" after conducting the investigation. The discussion concerning union membership had taken place between a union official and a union member, notwithstanding the fact that it had taken place on the grounds of the Trust during working hours.
That Mr. Hammond had taken every precaution that might be considered reasonable in order to avoid the harassment from taking place. A helpful beginning point for companies that are contemplating whether or not their own anti-harassment policies are tough enough, they included the following:
A training session on the importance of dignity in the workplace, during which the Trust's key ideals, known as "PROUD," were presented.
Annual evaluation of performance, taking into account whether or not the organisation complies with the PROUD ideals.
In the workplace, the display of posters that read "PROUD"
Mr. Hammond has just recently finished the mandatory training on EDI concerns by participating in a small group session. This training is required to be performed every three years.
Comment
In light of the fact that the evidence and the arguments did not indicate any more procedures that had not been taken, it was fair for the tribunal to come to the conclusion that these actions were all reasonable steps in this particular circumstance. Employer took ‘all reasonable steps’ to prevent black employee from being racially abused.
