The case of Campbell v Sheffield Teaching North Hospitals NHS Foundation Trust and Wesley Hammond explored two interesting issues in the context of racial harassment, but the principles apply to all claims of harassment. It is particularly interesting in light of the new duty to take reasonable steps to prevent sexual harassment that was introduced in October 2024.

Mr Campbell was employed by the NHS Trust, but worked on a full-time basis as Branch Secretary of a trade union. Mr Hammond was a member of the union and, during a discussion with Mr Cambell about leaving the union and what would happen about payment of his union subscriptions, Mr Hammond became angry and made a racial remark to Mr Campbell.

Mr Campbell brought a claim of race harassment against the NHS Trust, which was dismissed by the Tribunal and the Employment Appeal Tribunal.

The reasons for dismissing the claim were:

• The conduct of Mr Hammond was not conduct “in the course of employment”
  
  • Whilst it took place on work premises during work hours, other relevant factors were
  • Mr Hammond did not need to be a member of the union because of his employment and it was a personal decision of his to join, and then leave
  • The conversation related to a personal dispute that he had with the union
• Even if the conduct was in the course of employment, the Trust had a defence to the claim because it had taken all reasonable steps to prevent discrimination taking place, noting that steps taken were:
  • Mr Hammond had...

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