An employment tribunal has revealed that Richard Assan, a black security manager who faced persistent harassment and was derogatorily referred to as a “slave,” has been awarded a sum of £361,000.
Assan began his tenure at Vigilant Security in 2007 and rose to the position of security manager in May 2018. According to the tribunal in London, the organization exhibited a significant racial disparity; numerous security personnel and team leaders were from minority backgrounds, while the management largely consisted of white individuals.
On April 6, 2022, Assan chose to leave his role, asserting that he had endured “ongoing bullying and racism” since 2011. Throughout his over 15 years of service, Assan, who is of African heritage, filed multiple complaints regarding racial discrimination. One notable incident reported from June 2011 involved Bill Cowle, a white chief engineer, who referred to Assan as his “slave” in what he claimed was an attempt at humor, as per the tribunal’s findings.
Judge Snelson determined that this remark inflicted “clear detriment” on Assan and constituted “evidently race-based conduct.”
Another occurrence in July 2012 saw Guy Rampe, a manager, pose a “thoughtless” question to Assan regarding his English language proficiency, which Assan found offensive. The judge stated that Assan’s treatment was “clearly” linked to his race. While he noted that it was possible that Rampe could have made a similar insensitive inquiry to someone who was white and Eastern European, no evidence supported that notion.
The judge remarked: “In our judgment, the overtly racial treatment directed at the claimant sufficiently shifts the burden to the defendant to disprove discrimination, which they failed to do.”
The tribunal also noted that in April 2016, Assan applied for a promotion, but his application received no acknowledgment. The judge commented that the pronounced racial imbalance among the management suggested a prevailing culture where visible ethnic minorities were confined to lower positions, while management roles were predominantly occupied by white males.
The panel concluded that Assan had adequately shifted the burden of proof to the employer, stating, “Given the lack of evidence disproving discrimination, we find that the claimant’s race, at the very least, played a significant role in the failure to process his promotion application.”
Following his resignation, Assan raised concerns about racial discrimination. Although the tribunal recognized multiple “race-based incidents” during his employment at Vigilant Security, it did not sustain his claims of direct racial discrimination.
In justifying this decision, the judge explained that the incidents could not be construed as a continuous pattern that would satisfy the criteria for ongoing discriminatory behavior under the Equality Act 2010. He stated, “There are substantial gaps between incidents, different individuals involved, and little to connect the various complaints qualitatively.”
Nonetheless, regarding Assan’s resignation, the judge concluded, “We are firmly convinced that the treatment leading to the claimant’s resignation constituted a series of victimizing acts.”
In the judgment, it was acknowledged that Assan, who had been born into poverty, rightfully took pride in overcoming significant obstacles to build his career. However, the judge also observed that Assan exhibited “acute sensitivity to criticism” and had a tendency to perceive any critical feedback as unjust.
Assan successfully established claims for victimization and unfair (constructive) dismissal, with the awarded £361,000 encompassing compensation for emotional distress and personal injury.
