Case: Campbell v Sheffield Teaching Hospitals NHS Foundation Trust [2025] EAT 42
This case provides a rare example of an employer successfully relying on the ‘all reasonable steps’ defence against a discrimination claim.
What happened?
During a workplace dispute, a white employee made a racially abusive comment to a black union representative. The representative claimed he had been harassed.
The tribunal found the comment was not ‘in the course of employment’ and, crucially, the employer had taken all reasonable steps to prevent such conduct.
What did the employer get right?
Policy and training: Mandatory equality, diversity and inclusion (EDI) training every three years.
Induction: Covered dignity, respect, and diversity.
Appraisals: Measured behaviour against core values.
Culture: Values displayed and reinforced.
The tribunal and EAT concluded that the employer could reasonably have done little else.
Why does it matter?
This is an uphill defence. Employers often lose because:
- Training is outdated or superficial.
- Culture is not consistent with stated values.
- Complaints are not taken seriously.
This case shows that a sustained, visible commitment to dignity and respect can not only reduce risks but also win in court.
What should you do?
- Embed inclusion into daily practice, not just induction.
- Refresh training regularly and record attendance.
- Include behavioural objectives in reviews.
- Take swift, transparent action on complaints.
Source: Full Judgment
