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Morgan v Halls of Gloucester - Racist culture at workplace continued, so resignation delay may not have been affirmation of contract [2011] EAT

Culture of tolerance of racist banter continued after established acts of racial harassment - this might amount to a continuing breach of mutual trust and confidence and if so may still have caused claimant's resignation some time after original incidents.

Delivery driver Mr Morgan claimed that he suffered various instances of racial discrimination from colleagues which eventually drove him to resign. He brought employment tribunal claims for racial harassment and unlawful deduction from wages, which were upheld. The tribunal was highly critical of Hall's tolerance of racist banter, and found two incidents proven (which constituted harassment). However it accepted the non-discriminatory explanations offered by Halls for the others, and so rejected claims of racial discrimination and constructive unfair dismissal. Although the harassment could amount to a fundamental breach of the terms of mutual trust and confidence, Mr Morgan had waited to long to resign in response to these incidents.

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