Employment Tribunal confirms employer avoided liability for racial harassment through the “reasonable steps” defence
Watford Employment Tribunal has provided a useful reminder that employers can successfully rely on the statutory “reasonable steps” defence, even where an individual employee is personally liable for racial harassment.
In Ajiga v Hertfordshire Partnership University NHS Foundation Trust( Case No: 3305865/2022), the Tribunal found that an employee racially harassed a colleague by comparing her hairstyle to “coronavirus”. However, the employer successfully defended the claim by demonstrating that it had taken all reasonable steps to prevent discrimination.
The facts
The claimant, a woman of African origin, alleged that a colleague compared her hair to coronavirus during a workplace conversation.
Although the colleague maintained that she only referred to the claimant’s shape of hairstyle and did not view the comment as racial, the Tribunal accepted that the hairstyle was one commonly associated with women of African descent. The comment was thus deemed related to race, notwithstanding the colleague’s assertion that race was not in her mind when the remark was made.
The Tribunal also found that the colleague did not intend to offend the claimant. The colleague had stated that her own son had a similar hairstyle. Nonetheless, the claimant found the remark deeply offensive, witnesses described a clear sense of shock in the room, and the Tribunal concluded that it was reasonable for the comment to have had the effect of violating the claimant’s dignity and creating an offensive environment.
Accordingly, the employee was found personally liable for racial harassment.
This serves as an important reminder that workplace comments about hairstyles, hair texture or other physical characteristics linked to racial or ethnic identity can give rise to discrimination claims, even where the speaker believes they are making an innocuous observation and does not intend to cause offence.
The employer successfully relied on the reasonable steps defence
Although the individual employee was found liable, the claim against the NHS Trust itself was dismissed.
The Tribunal held that the Trust took all reasonable steps to prevent discrimination by:
- providing comprehensive equality and diversity training;
- ensuring refresher training had been completed;
- maintaining appropriate anti-discrimination policies and procedures; and
- making those policies accessible to employees.
The Tribunal described the training as “thorough, appropriate and sufficiently detailed” and concluded that the Trust had done everything reasonably expected to prevent the discriminatory conduct.
As a result, the employer established the statutory reasonable steps defence under section 109(4) of the Equality Act 2010 and avoided vicarious liability for the employee’s actions.
Practical lessons for employers
This decision is encouraging for employers seeking to rely on the reasonable steps defence. While Tribunals have, in recent years, scrutinised equality training closely, this case demonstrates that the defence remains available where employers can show that meaningful preventative measures are genuinely applied.
Employers should continue to:
- deliver regular, high-quality equality, diversity and inclusion training;
- provide refresher training at appropriate intervals;
- maintain clear anti-harassment and equal opportunities policies;
- ensure employees understand those policies; and
- keep records demonstrating compliance with training requirements.
(September 2026)