“If you are going to play the race card, I am not going to speak to you” is itself racist.
“If you are going to play the race card, I am not going to speak to you” is itself racist.
In the case of D Pile-Grey v Ministry of Defence: 2200649/2022 a Tribunal ruled that it is racist to say someone is playing the race card at work. LSgt Dwight Pile-Grey claimed race discrimination against the MoD after on 20th July 2021 he was denied entry to his barracks while wearing civilian clothes by a guard who did not believe at first he was a soldier.
When LSgt Pile-Grey a black Rastafarian French horn player in the Grenadier Guards, complained that the Lance Corporal wouldn’t have treated him that way if he had been white, he was accused of playing the race card by both the guard and his superior officer, who alleged he was turning the incident ‘‘into a racial thing’’.
LSgt Pile-Grey was eventually allowed access to the barracks therefore he then changed into his uniform and returned to speak to the guard to challenge his behaviour. This led to LSgt Pile-Grey being forcibly removed from the guardroom and an ‘‘aggressive’’ altercation ensued.
LSgt Pile-Grey, complained about his treatment to the garrison commander and agreed to a mediation meeting due to take place on 26th July 2021. However, the mediation was not attended by anyone and instead LSgt Pile-Grey faced a disciplinary investigation in September 2021 for the way he had acted. This resulted in LSgt Pile-Grey in October 2021 pleading guilty to insubordination, he was fined 1 day’s pay and a disciplinary entry was made on his service record.
LSgt Pile-Grey made a service complaint in December 2021 about the incident and the way his complaints had been handled, but this was rejected in November 2022 the following year. LSgt Pile-Grey then proceeded with an Employment Tribunal claim against the MoD in June 2023 and a hearing took place on 1st June 2023.
LSgt Pile-Grey’s successful judgment has only now been published now: https://assets.publishing.service.gov.uk/media/66190c13c1d297c6ad1dfe41/Mr_D_Pile-Gray_-v-_Ministry_of_Defence_-_2200649-2022.pdf
The Tribunal found these comments were discriminatory as,
“It was the tribunal’s finding that a hypothetical white comparator would not have been treated in the same manner by Mr Flower. It was clear from the wording used; “going to turn this into a racial thing” and “playing the race card” that the Claimant being black was at the forefront of Mr Flower’s mind and it seems inconceivable that he would have used such words to a white person and it therefore seemed likely that his entire approach to the interactions with the Claimant were influenced by race. As stated, this finding was intertwined with the finding relating to the reason for the conduct. The wording used by Mr Flower made it clear that race was the reason for his conduct towards the Claimant.”
This is an important judgment and a clear reminder that it is unlawful for an employer to discriminate against an employee or worker if the reason is connected to or because of their race. LSgt Pile-Grey’s complaints of being discriminated, harassed, and victimised by what had happened in July 2021 and the subsequent disciplinary proceedings against him were all successful.
If you find yourself in a situation where you are facing discrimination because of race we can help.
Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
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