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Case law
Mr H Jones v Andros UK Ltd

A comment comparing you unfavourably to a colleague, using a racially loaded word, can be harassment, even if it wasn’t meant as an insult.

The ruling

“One race harassment claim upheld over a comment about a colleague; other claims, including unfair dismissal, dismissed.”

Intent doesn't decide this. A comment about your race, even one aimed at someone else, even one the person making it calls well-intentioned, can still be unlawful harassment if it humiliates you or makes your workplace feel hostile.

  • Write down offensive comments as soon as you can after they happen, including exactly what was said and who else was there, even if the comment wasn't directly about you.
  • Raising it as a grievance at the time, as this employee did, can matter later if you need evidence of what was said and when.
  • Get advice before deciding which parts of a difficult workplace situation to pursue as formal claims. Not everything that felt wrong will meet the legal test, and knowing which parts do helps you focus your energy where it counts.
Read the full case

The situation

An employee was placed on a performance improvement plan. In the meeting, his manager compared his performance unfavourably to a colleague who'd recently left, a colleague the employee understood to also be black, saying the former colleague was older and would "run around like a little monkey to get things done." The employee found this deeply offensive. He raised it as a grievance, and resigned around two weeks later, bringing a wide range of claims including harassment, discrimination, whistleblowing detriment and constructive dismissal.

What the tribunal found

The tribunal believed, after weighing conflicting evidence, that the comment was made. It accepted the manager hadn't meant anything racist by it: he was giving evidence, corroborated by his own cultural background, that the word doesn't carry the same connotations where he grew up, and that he intended it as a compliment to the absent former colleague's work ethic. The manager's intentions made no difference to what happened next. The tribunal found the comment related to race, because of the word's well-known connotations for a UK audience, and that it had the effect of violating the employee's dignity, whether or not that was the intention. That was enough to make it harassment under section 26 of the Equality Act 2010. Every other claim he brought, including his constructive dismissal claim, was dismissed as not well-founded.

Effect decides this, not intent. A comment that relates to a protected characteristic, race in this case, and that violates your dignity or creates a hostile or humiliating environment, can be unlawful harassment even when nobody meant it that way. It also doesn't have to be aimed at your own characteristic directly. This comment was ostensibly about someone else, made to compare you unfavourably to them, but because of what it implied and the effect it had on you as the person hearing it, it still counted.

Be realistic about what a single successful point can mean for the rest of your case, though. This employee brought many claims and only one succeeded. If you're in a similar situation, get advice early on which parts of your experience are likely to hold up as legal claims and which, however real they felt, may not meet the legal test. Get the right advice before you decide what to bring forward, rather than staying quiet.

Full citation

Mr H Jones v Andros UK Ltd. Case 6002021/2024. Bristol Employment Tribunal. Reserved Judgment sent 31 July 2026.

Last reviewed 6 August 2026