Dealer group Stellantis &You has been ordered to pay more than £300,000 to a pair of former employees who suffered ‘serious racial discrimination’ while working for the retailer.
Adebayo Oguntokun and Fardowsa Omar both alleged that they were subjected to racial comments and harassment shortly before departing Stellantis’s in-house dealer group in 2020.
Their claims were heard by a tribunal in Watford earlier this year, and a panel led by employment judge Patrick Quill has now ruled in the pair’s favour.
The tribunal heard that Oguntokun’s issues began when he was moved, ‘despite his objections’, from a service advisor role to a sales position, without being given the proper training.
The panel, which included two lay members, ruled that the situation amounted to ‘direct race discrimination’ with the claimant later subjected to further derogatory comments, including being labelled a ‘Somalian pirate’ by a senior manager Matthew Worsley.
The ruling stated: ‘We found that R4 [Worsley] did make a comment to the effect that C1 [Oguntokun] looked like a “Somalian pirate”.
‘This was a deeply offensive racial stereotype, and we are satisfied it was unwanted and had the effect of violating C1’s dignity and creating a hostile environment for him at work.’
It added: ‘We did not accept that this was merely “banter”, as suggested by R4.
‘The term “Somalian pirate” is plainly a racial stereotype, and it was not for the perpetrator to determine whether it was offensive.
‘The effect on C1, and the wider context, made clear that this was harassment.’
Oguntokun also told the tribunal that he was repeatedly referred to as a ‘black b*****d’ while working for the dealer group, with the ruling stating: ‘C1 told us that he was referred to as a “black b*****d” on more than one occasion.
‘Although there was no corroborating witness for these incidents, we found C1’s evidence on this point credible and consistent.’
After hearing all the evidence, the tribunal ruled that Oguntokun was entitled to £60,500 for injury to feelings, psychiatric injury, and aggravated damages, and £13,030 for future medical treatment.
He was also awarded a further £27,077.48 in interest, taking his total compensation to an eye-watering £100,607.48 in total.
The panel heard that the discrimination occurred while Oguntokun was going through a redundancy process but ruled that it was unlikely to have affected his eventual departure.
As a result, no additional compensation was awarded for the dismissal itself.
Elsewhere, fellow service advisor Omar told the tribunal that her mental health had deteriorated as a result of racially discriminatory treatment, while working for the dealer group.
The panel found that that she was ‘isolated from her colleagues, given menial tasks, and denied opportunities to progress in her role’, but complaints were not taken seriously by Stellantis &You.
‘Ms Omar made several attempts to raise her concerns through internal channels, but these were either ignored or dismissed without proper investigation.’ the ruling said.
‘She was isolated from her colleagues, given menial tasks, and denied opportunities to progress in her role. This exclusion had no justifiable basis and appeared to be linked to her race and background.’
Omar was eventually left unable to return to work and has now been awarded an enormous £235,475.12 in compensation.
The tribunal awarded her £58,000 for injury to feelings and personal injury, £88,983.20 in past loss of earnings, £50,000 in future loss of earnings, and over £16,000 for medical costs.
Unlike Oguntokun, the panel found that the discriminatory treatment had a ‘direct and lasting impact’ on Omar’s ability to earn a living.
The panel said: ‘We concluded that Ms Omar was subjected to a sustained course of conduct which amounted to direct race discrimination and harassment.
‘Her concerns were not taken seriously, and her complaints were either ignored or dismissed without proper investigation.’
It later added: ‘The cumulative effect of the treatment she received was a significant deterioration in her psychological wellbeing.
‘We accept the medical evidence that Ms Omar developed a recognisable psychiatric condition as a direct result of her experiences at work.’
In response to the ruling, Stellantis &You told Car Dealer it ‘completely respects’ the panel’s decision and said ‘racism has no place in our organisation’.
A spokesman for the group said: Stellantis &You is fully committed to caring for, and supporting, all of our people.
‘We completely respect the decision of the tribunal and have taken steps to address the issues raised both prior to, and after, the tribunal. Racism has no place in our organisation.
‘We have made a number of changes to our procedures including an employee integrity helpline and mandatory diversity and inclusion training plan for all managers.
‘We continue to review our policies and practices to ensure they are in line with best practices and legal requirements. We remain fully committed to our employees ensuring a positive working environment.’
The full 54-page ruling can be found here.