Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEquality, diversity and inclusionEmployment tribunalsRace discrimination

‘Borat’ nickname for Polish employee was race discrimination

by Rob Moss 24 Aug 2011
by Rob Moss 24 Aug 2011

An employment tribunal has ruled that using the name “Borat” to refer to someone from Eastern Europe amounted to direct race discrimination.

In July 2007, Mr Ruda, who is Polish, began work as a quality assurance engineer for Tei, an engineering company in Wakefield, West Yorkshire. In 2010, he brought a number of claims against the company, including race and sexual orientation discrimination.

Mr Ruda, a welder, claimed that, in the autumn of 2007, he had been given the nickname “Borat”, the name of the film and television character created by by Sacha Baron Cohen. The allegation was one of more than a dozen, the vast majority of which the tribunal rejected, describing Mr Ruda’s evidence as “less than persuasive and less than honest”.

However, the tribunal held that Mr Ruda had been harassed on the grounds of race by a colleague calling him “Borat” and that the use of the nickname created a degrading and humiliating working environment for him. The nickname also constituted direct race discrimination. The judgment explained that someone who had all the characteristics of Mr Ruda but was neither from Poland nor perceived to be of Eastern European origin would not have had the nickname applied to him.

The tribunal also held that Mr Ruda had been subjected to sexual orientation discrimination by a colleague’s use of the words “gay” and “wanking” towards him.

Stephen Simpson, senior employment law editor at XpertHR, said that the case should act as a warning for employers: “Employees and managers may need to be reminded that it can be race discrimination to harass or treat less favourably someone on the basis of nationality, which is given the same protection under legislation as the colour of someone’s skin.

“Giving a worker a nickname based on his or her country of origin, or stereotypes from that part of the world, risks a finding of harassment and direct discrimination. Other similar examples that have been found by the tribunals to be discrimination include calling an Irishman ‘thick Paddy’ and references to Hitler and the making of Nazi salutes to a German worker.”

XpertHR’s In the employment tribunals section provides in-depth commentary on the case, including practical tips for employers on this topic. A full transcript of the case ruling is available for XpertHR subscribers.

Rob Moss
Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. Rob specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

previous post
It’s time to tell germs they’re FIRED, says KIMBERLY-CLARK PROFESSIONAL
next post
NEETs on the increase as young jobseekers’ challenges continue

You may also like

Eight most unusual employment tribunal cases in 2023

1 Dec 2023

Legal expert calls new holiday pay regulations ‘incoherent’

30 Nov 2023

Train driver unfairly dismissed after tarantula prank

28 Nov 2023

Former Jaguar Land Rover employee awarded £148k for...

27 Nov 2023

Cruise giant accused of planning ‘fire and rehire’...

24 Nov 2023

Burges Salmon takes home 2023 Employment Law Firm...

21 Nov 2023

McDonald’s: How can employers prevent sexual harassment?

21 Nov 2023

Browne Jacobson takes home 2023 Equality, Diversity and...

21 Nov 2023

Entain and McLaren F1 are favourites in the...

21 Nov 2023

Two-thirds say periods have negative impact on work

20 Nov 2023

  • How to spot and tackle imposter syndrome in the workplace PROMOTED | Half of all UK adults...Read more
  • BetterMe for Business: How to Build Wellness Culture at Work PROMOTED | Ever encountered a...Read more
  • Global growth with simple HR compliance (webinar) WEBINAR | In an increasingly global marketplace...Read more
  • Talent acquisition: How AI can complement a ‘back to basics’ approach PROMOTED | Artificial intelligence is now...Read more
  • What will it mean to be an HR professional in 2024? (webinar) WEBINAR | As we approach 2024...Read more
  • HR Budget Planning for 2024: Preparing your People Strategy PROMOTED | As organisations continue to adapt...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+