A man who worked for the HM Prison and Probation Service and was subjected to monkey chants has secured a financial settlement from his former employer.
According to the Equality and Human Rights Commission, which supported the case, Lloyd Odain was employed by a contractor used by the Probation Service. While working there, he was subjected to multiple incidents of racial discrimination and harassment.
In 2019, a fellow contractor made monkey chants towards Odain while he was talking to colleagues, and despite reports to managers, the member of staff was allowed to return to work after a flawed investigation.
Odain felt he had no choice but to leave the job he enjoyed, according to the EHRC.
In a legal case, the Probation Service did not dispute that the monkey chants took place, but focused on whether it had a liability to protect workers employed by third-parties from harassment by other workers who were also employed by third parties.
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HMPPS has now settled the case after a preliminary hearing. However, despite a financial settlement, there is no admission of liability or commitment from the organisation to review its policy around how contractors are treated.
Kishwer Falkner, chair of the EHRC, said: “Everyone going to work should expect to feel safe from harm and no one should suffer the shocking racism experienced by Mr Odain.
“Employers, third party contractors, and workers all benefit if any awful incidents like this are addressed quickly and appropriately by management.
“It is disappointing that, in this case, HM Prison and Probation Service chose to defend themselves on the basis of legal technicalities rather than to commit positively to protect and support their own staff. Racism is never acceptable.
“We hope the financial settlement will help Mr Odain move on from his experience. As Britain’s equality watchdog, we will continue to use our unique powers to help people like Mr Odain seek justice through initiatives like our fund for race discrimination cases.”
Odain said he felt “grossly let down” by the Probation Service.
“I worked in the Reading office for many years in different roles and took pride in my job helping people who were struggling to find a path in life.
“After being subjected to monkey chants and other racist behaviour, I followed the correct processes in making a complaint. I felt ignored and isolated as nothing appeared to be done. I then found out that the person who had behaved so appallingly was back working in the building.
“The thought of dealing with more racism, and having no support, left me with no option but to give up the job I enjoyed and was good at.
“I have spent more than three years fighting for change so that others shouldn’t face what I faced. I hope that, by exposing the horrendous treatment I suffered, HMPPS learn lessons from this case.”
Odain was represented by barristers from Doughty Street Chambers, supported by the EHRC’s fund for race discrimination cases.
The Ministry of Justice has been contacted for a response.
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