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ARTICLE · 30 NOVEMBER 2018

"Fat, Ginger Pikey" Comment Was Not Harassment

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In Evans v. Xactly Corporation Ltd UKEATPA/0128/18/LA, the Employment Appeal Tribunal considered whether some rather offensive comments constituted harassment and/or discrimination...

United KingdomEmployment and HR

In Evans v. Xactly Corporation Ltd UKEATPA/0128/18/LA, the Employment Appeal Tribunal considered whether some rather offensive comments constituted harassment and/or discrimination and held that, on the particular facts of the case, they did not.

Background

Mr Evans had been employed by Xactly as a sales representative for around 11 months before he was dismissed as a result of his poor performance (he had not made any sales during his employment).

Before his dismissal, he was invited to a meeting to discuss a suggested performance improvement plan. This was, however, never put in place because, before the meeting took place, he raised a grievance complaining, amongst other things, that he had been called a "fat, ginger pikey" by one of his colleagues.

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