Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • 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
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW 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
    • Equality, diversity and inclusion
    • 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
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW 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+

Latest NewsRace discriminationDiscipline and grievancesBullying and harassmentRelationships at work

‘Black and white minstrel’ worker wins racial harassment appeal

by Ashleigh Webber 31 May 2019
by Ashleigh Webber 31 May 2019 Brian Davies leaving Cardiff Crown Court in February.
Ben Birchall/PA Wire/PA Images
Brian Davies leaving Cardiff Crown Court in February.
Ben Birchall/PA Wire/PA Images

An employee who dressed as a “black and white minstrel” at a work Christmas party and sung a “racist” song to a black colleague has had his conviction overturned.

Maintenance engineer Brian Davies, who was employed by mental healthcare provider the Priory Group, was convicted of causing racially aggravated harassment, alarm or distress after he wore black and white face paint and performed songs from the controversial Black and White Minstrel Show in the presence of colleague Loretta Doyley.

Race discrimination and harassment

Steep decline in race discrimination tribunal awards

Woman who was spied on by employer wins race discrimination case

Ryanair racism row: Are employers liable if they fail to prevent harassment?

Cardiff Crown Court heard the incident left Doyley feeling “humiliated”. She later reported it to her line manager and HR.

At the firm’s Christmas party last December, Davies went into the toilets and changed into a costume which included a hat, white jacket, white cane, black gloves and a black headband he had borrowed from Doyley.

When he returned to the party he performed songs from the Black and White Minstrel Show, which was aired in the 1960s and 70s. The incident was recorded on mobile phones by other guests.

Doyley told the court in February: “There was a hand placed on my shoulder and when I looked it was a hand with a black glove.

“I turned and saw it was Brian and he had painted his face black and circled his eyes and mouth white.

“As he did that I just felt really embarrassed because everybody started laughing. I found myself laughing out of shock and embarrassment.

“Everybody was roaring with laughter and I wanted the floor to open up and swallow me.

“He kept going back and forth and putting his hand on my shoulder and he was singing this particular song Mammy which is deemed a racist song.”

Davies was fined £120 and ordered to pay a £30 victim surcharge and £300 in court costs in February, but the conviction was overturned this week because the court was not satisfied that he had intended his behaviour to be threatening.

Judge Wynn Morgan said: “He is not, the court found, a man of profound intelligence, wisdom, or judgment. The fact that his behaviour did cause upset, or the fact that he should have foreseen that it may cause upset, is not a basis for conviction.

“The court is not persuaded on the basis of the criminal burden and standard of proof that the appellant intended his behaviour to be threatening, or abusive towards the complainant and that he intended, and demonstrated hostility, or was motivated by hostility, towards her based upon her membership of a racial group different to his.

“The court reached this conclusion after initial scepticism, but having heard his evidence, decided that the appellant’s intention was to entertain and not to cause upset.”

D&I opportunities currently on PT Jobs

More D&I jobs

Ashleigh Webber
Ashleigh Webber

Ashleigh is editor at OHW+ and part of the Personnel Today editorial team. Prior to joining Personnel Today in 2018, she covered the road transport sector for Commercial Motor and Motor Transport.

previous post
Could DNA testing be the key to developing talent?
next post
JPMorgan Chase settles US paternity leave case for $5m

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

EHRC’s legal fund for tackling race discrimination: what...

21 Apr 2022

Record ethnic diversity in NHS, but barriers to...

8 Apr 2022

P&O Ferries chef launches unfair dismissal and discrimination...

6 Apr 2022

Police forces must develop black talent, says racism...

22 Mar 2022

Serial claimant banned after ‘weaponising’ employment tribunal system

11 Mar 2022

Is the law confusing around positive action and...

25 Feb 2022

Ethnic minorities ‘as likely to be in top...

24 Feb 2022

Worker wins £22k following ‘old white man’ comments

21 Feb 2022

Ethnic minority NHS workers suffer ‘shocking’ racism and...

15 Feb 2022

Tesla faces California court fight over race discrimination

11 Feb 2022
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...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 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • 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
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW 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+