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Delivery driver wins constructive dismissal claim

A delivery driver for a fruit and vegetable wholesaler has won his constructive dismissal claim at Bristol Employment Tribunal after he claimed he was forced to resign as the result of racial harassment, reports the Telegraph.

The driver, Roy Morgan, brought his claim because he heard a colleague, Brian Ennis, be referred to by a number of racially offensive nicknames by other employees. Mr Ennis did not bring any legal action himself, but Mr Morgan felt he was unable to stay in a workplace that had such a culture of racism.

Mr Morgan’s employer was apparently aware that the racial harassment, which was wider than just the nicknames given to Mr Ennis, was going on, but took no steps to prevent it.

According to the Telegraph, the tribunal awarded Mr Morgan over £13,000 for racial harassment in 2011, which apparently included amounts for injury to feelings and aggravated damages. He has subsequently been awarded an additional £14,286 for lost earnings as a result of his constructive dismissal.

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