This case arose out of an altercation between a respondent employer and a number of Polish workers, not in the workplace but at accommodation provided for the workers. The respondent determined to evict the workers from the premises in light of the state of the accommodation, excessive utility bills and a substantial build-up of rubbish on the property.

The Tribunal accepted that the respondent had used abusive, racist language, with reference to the complainants’ nationality in response to abusive, racist language used by a ‘ring leader’ on behalf of the workers involved. The altercation had been taped, although not in an accessible format. A transcript of the tape was made but not submitted to the Tribunal.

The Tribunal accepted