Legal principle
An employer relying on the reasonable-steps defence must show that the steps taken were reasonably effective at preventing discrimination. The existence of historic training is not enough if the evidence shows that it has become stale or was not understood.
What the court decided
The EAT upheld the rejection of the defence where employees had received training but racist comments continued and managers failed to respond appropriately.
The practical test
- 1
Identify the preventative steps the employer actually took.
- 2
Assess their content, quality, frequency and likely effectiveness.
- 3
Consider whether further reasonable steps, such as refresher training, were available.
How tribunals apply it
- Training records alone do not prove that all reasonable steps were taken.
- Managers' response to complaints can reveal whether policies and training operate in practice.
- The defence is unavailable if another reasonable preventative step should have been taken.
Connected legislation
WorkDisputes tribunal data
Recent decisions involving related issues
These decisions are selected from topic classifications in our public Employment Tribunal dataset. A matching topic does not mean the decision applied this authority directly.
Discrimination and Harassment
Employer: LIFE Multi Academy Trust
The Tribunal found that the respondent discriminated against the claimant in relation to the sending of a letter of 15 December 2022, but dismissed all other claims of discrimination, harassment, and victimisation, resulting in a split overall outcome with remedy reserved.
Legal Issues (10)
- Disability discrimination under sections 15
- 20-21
- 26
- 27 of the Equality Act 2010
- constructive knowledge of disability
- proportionality
- reasonable adjustments
- harassment
- victimisation
- causation and influence of protected acts
Reference: 2600754/2023
Constructive Dismissal, Discrimination, Unpaid Wages, Harassment and Other
Employer: Rippleglen Ltd
The claimant succeeded on some harassment, reasonable adjustment, constructive dismissal, and statutory right claims but lost on wages and other allegations, resulting in a mixed outcome.
Legal Issues (7)
- Disability harassment
- reasonable adjustments
- discriminatory constructive dismissal
- unlawful deduction from wages
- statutory right to be accompanied
- time limits
- ACAS code uplift
Reference: 6000032/2024
Discrimination and Harassment
Employer: Department of Work and Pensions
All claims were withdrawn by the claimant and dismissed by the Tribunal.
Legal Issues (4)
- Disability discrimination
- harassment
- reasonable adjustments
- withdrawal of claims
Reference: 6020902/2024
Unfair Dismissal and Discrimination
Employer: Small Heath Medical Practice
All claims dismissed because they were presented outside the applicable time limit.
Legal Issues (3)
- Time limits for presenting employment tribunal claims
- constructive unfair dismissal
- race and religion or belief discrimination
Reference: 6033424/2025
Discrimination
Employer: The Chief Constable of West Midlands Police
The tribunal held that judicial proceedings immunity applied to the decisions to dismiss the claimants, and that the EU law-based interpretation in P v Commissioner of Police of the Metropolis no longer applies after Brexit, so the claims were dismissed for lack of jurisdiction.
Legal Issues (3)
- Whether judicial proceedings immunity applies to police misconduct proceedings under the Equality Act 2010 after the removal of EU law supremacy
- interpretation of P v Commissioner of Police of the Metropolis [2017] UKSC 65
- effect of the European Union (Withdrawal) Act 2018 on the Marleasing interpretation of section 42 of the Equality Act 2010
Reference: 1303890/2025
Unfair Dismissal, Discrimination and Harassment
Employer: The Lowry Hotel Ltd
The claimant succeeded on unfair dismissal and direct race discrimination, while harassment and victimisation claims were partially successful, resulting in a split overall outcome.
Legal Issues (5)
- Constructive dismissal
- unfair dismissal
- direct race discrimination
- race-related harassment
- victimisation
Reference: 6004933/2024