Black Worker Wins Harassment Related to Race Claim Following ‘Slave’ Graffiti

Published : August 28, 2025

In Mr Seedy Fofana v Window Widgets Limited, a warehouse operative has been awarded £3,000 after winning his harassment related to race claim. Issues arose when Mr Fofana discovered workplace graffiti stating “slave no,” which he felt was a racist attack.

In our latest article, we examine exactly what happened and the judgment of the tribunal. We then discuss what racism in the workplace is, how individuals can identify and report it and the steps they can take if their rights are breached.

If you have any questions about racial harassment or want help with your own claim, contact us today. Redmans Solicitors are specialists in the employment sector, and following a brief consultation, we can provide expert advice.

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The Facts in Mr Seedy Fofana v Window Widgets Limited

Background to Harassment Related to Race Claim

Mr Seedy Fofana (“the Claimant”) worked as a warehouse operative for Window Widgets Limited (“the Respondent”) from 28 September 2023. During his employment, specific workplace incidents came under scrutiny, and the tribunal later considered how the Respondent handled them.

While the Respondent was found to have “reacted appropriately” to incidents of misconduct, it was also judged to have allowed some issues to develop. For example, Mr Reg Reid, a colleague of the Claimant, received a final written warning for gross misconduct only after engaging in “stereotypical assumptions,” such as singing the Mr Boombastic song to the Claimant.

Although this incident wasn’t part of the Claimant’s case, it illustrated a culture that enabled racism in the workplace, providing context for the events that followed.

On 18 December, during a warehouse stocktake, the Claimant discovered graffiti on warehouse equipment bearing the words “slave no.” As an “evidently proud” black man, he found the message offensive and resigned on 11 January 2024. Then, on 28 February, he filed claims of workplace discrimination and harassment related to race with the employment tribunal.

The Employment Tribunal’s Judgment

Racism at Workplace: Graffiti Incident and Employer Responsibility

Following the proceedings, the tribunal considered both the graffiti and the circumstances surrounding the Claimant’s resignation. Regarding the graffiti, the Respondent maintained that it originated from Mr Bennett, a “disgruntled” former employee. Allegedly, he felt “over-worked and under-paid” and intended the term as a reference to modern corporate slavery rather than historical slavery.

The tribunal accepted this as the graffiti’s most likely origin but acknowledged its impact on the Claimant. While the message could have several meanings, in modern society, the term “slave” is more strongly associated with the historical enslavement of black people. The tribunal therefore deemed it reasonable for the Claimant to find the remark racially offensive.

The tribunal also noted that, because Mr Bennett wrote the graffiti while employed by the Respondent, the company was technically responsible. Although other graffiti by Mr Bennett had been removed, this particular message went unnoticed until the Claimant saw it, at which point steps were taken to remove it. The tribunal acknowledged that this outcome may appear harsh, but stressed that it was the correct legal ruling.

However, the Claimant’s resignation was found not to be caused by the graffiti. Instead, it stemmed from broader tensions and a lack of trust in the Respondent’s handling of concerns about colleagues. The Claimant had seen the graffiti but did not report it, instead pursuing the matter through the tribunal.

Harassment Related to Race Succeeds Despite Dismissed Discrimination Claim

Turning then to his claims, the tribunal dismissed the direct race discrimination claim. Direct race discrimination occurs when someone is treated less favourably specifically because of their race. Since the graffiti was not written with the Claimant’s race in mind, this claim was dismissed.

By contrast, harassment related to race involves unwanted conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, or degrading environment. Here, although the graffiti was not intended to target the Claimant, it nonetheless created such an environment. Consequently, his harassment claim succeeded, and he was awarded £3,000 for injury to feelings.

Racism in the Workplace: Understanding and Addressing It

Following the above case, others may want to better understand whether their rights have been breached, and the steps they can take if they have. Before jumping into the avenues for justice, though, it’s essential to understand the relevant law.

What is Racism in the Workplace?

Under the Equality Act 2010, racism occurs when an individual is treated unfairly because of their colour, nationality, or ethnic or national origin. Depending on the circumstances, such mistreatment would be defined as direct or indirect discrimination, harassment or victimisation.

Examples of Racism at Work

While the legal definition of racism appears relatively straightforward, it’s important to remember that it’s not always as easy to identify. Some behaviours may be subtle, indirect or disguised as “banter.” In reality, racial harassment and discrimination can take many forms, but some examples include:

  • Racial slurs or offensive jokes
  • Employees being overlooked for promotion opportunities because of their national origin
  • Workplace rules disadvantaging people of a particular ethnic group

Notably, even if an incident isn’t directed at a specific individual, they can still be protected if they’re affected by the behaviour. It’s therefore essential to understand what constitutes unlawful conduct to ensure one’s rights are maintained.

Reporting Racism

If an employee believes they’ve experienced racism, such as in a harassment related to race claim, it’s advisable to report it as soon as possible. Doing so can help prevent the matter from escalating and allow a quicker resolution.

In many cases, the first step is to raise the issue informally—for example, by speaking with a line manager or a member of HR. Sometimes, this is enough to prompt action, particularly since employers have a legal duty to take reasonable steps to prevent discrimination. Failing to do so could leave them liable under the Equality Act 2010.

However, if the matter isn’t resolved informally, the next step would be to raise a formal grievance. Employers typically have their own grievance procedures, so it’s wise to read and adhere to them. Once a grievance has been raised, employers are required to investigate and respond in a legally compliant manner.

If Your Rights Aren’t Upheld

Should one’s employer fail to address an issue adequately, there are further external options employees can pursue to seek redress. Initially, Acas early conciliation should be considered. Not only is this usually required before an employment tribunal claim can be brought, but it also offers free, independent advice and the chance to resolve the matter without formal litigation.

If all else fails, though, employment tribunal proceedings could be initiated. Employees would need to adhere to strict eligibility criteria and time limits to bring a claim; however, if they succeed, they could be awarded compensation, among other remedies.

Harassment Related to Race: Get Help with Redmans

If you’ve experienced racial harassment or any other form of unfavourable workplace conduct, contact Redmans Solicitors now. As employment law specialists, we can assess your circumstances, answer your queries and provide expert advice.

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The information on this page is intended for general informational purposes only and does not constitute legal advice.