Black worker who was asked what are you smoking? after making error is awarded £35,000 as employment tribunal rules remark is racist

Asking a black person what are you smoking? is racist, an employment tribunal has ruled.

Employment judge Rachel Wedderspoon said any reasonable person would be offended by the remark due to the stereotypical view of a black person with dreadlocks smoking drugs.

Her ruling came in the case of Gemma Spencer, a black administrator who sued her employers for race discrimination and harassment after she was sacked.

Ms Spencer said she had her hair in braids when director Mark Kelly asked her line manager if she had been smoking something after they perceived she had made an error at work.

After she accused him of racism, Mr Kelly said there was no racial element to it and he in no way meant to make some remark about her being a Rastafarian. 

Bosses said Ms Spencer was hyper-sensitive and had warped the impact the phrase had on her.

But this assertion was rejected by Judge Wedderspoon, who said the comment was unwanted conduct which violated the dignity of Ms Spencer, who was awarded £35,109 compensation. 

The tribunal in Birmingham heard Ms Spencer joined Schneider Electric UK as a contracts administrator in September 2017.

Gemma Spencer was awarded £35,109 compensation after she sued her employers for race discrimination and harassment (stock image)

Ms Spencer said she had her hair in braids when director Mark Kelly asked her line manager if she had been smoking something after they perceived she had made an error at work

In March 2020, Ms Spencer – who worked from home – was asked to carry out a quarterly report, but the figures she put in were deemed to be incorrect. 

The mother told the tribunal her line manager, Carl Melia, spoke to her and said Mr Kelly had telephoned him and asked what she was smoking.

The panel heard that it subsequently transpired that the data Ms Spencer was using in the report was correct.

In July 2020, Ms Spencer submitted a formal grievance against the company alleging she was treated differently because she was black.

The following year, she raised another grievance against bosses, detailing 59 complaints, but the majority were dismissed.

After two disciplinary hearings in 2022, regarding allegations of misconduct, Ms Spencer was dismissed.

As well as the racism claim, Ms Spencer also won claims of discrimination, harassment related to race, victimisation and pregnancy and maternity discrimination. Other allegations were dismissed.