Council Executive Wins Landmark Race Harassment Case
A prominent black lawyer has successfully sued Peterborough City Council for race harassment after a senior colleague posted an image of a scantily-clad Brazilian samba dancer into a workplace WhatsApp group. Rochelle Tapping, the council's former Director of Legal and Governance, complained that the photograph created a 'degrading environment' for her as the only black member of the Corporate Leadership Team chat.
WhatsApp Image and 'Friends' Comment Deemed Harassment
The employment tribunal in Cambridge heard that Cecilie Booth, the council's former chief finance officer, shared the picture while on holiday in Rio de Janeiro in April 2023. The image showed a black female performer photographed from behind with her 'buttocks, legs and thighs all on show', appearing naked except for a 'plume of green feathers protruding from her head'. Ms Booth accompanied the image with the message: 'The Brazilian samba is a bit racy'.
In a separate incident in February 2023, council chief executive Matthew Gladstone introduced Ms Tapping to a new black colleague, Adsuwa Omoregie, and asked if they were 'friends'. The tribunal found both incidents amounted to racial harassment under the Equality Act 2010.
Tribunal's Findings and Compensation Award
Employment Judge Roger Tynan ruled that despite the 'light-hearted' intention behind Ms Booth's message, the image's 'focus on the black performer's exposed buttocks' related directly to race. The judge noted that Ms Tapping was the only black member of the WhatsApp group, with all other participants being white.
Regarding Mr Gladstone's comment, Judge Tynan found it reasonable for Ms Tapping to be offended by 'the implicit suggestion that two black women in senior roles must know one another'. The tribunal dismissed Ms Tapping's other allegations while upholding these two complaints of harassment.
Ms Tapping started working for Peterborough City Council in November 2022 as its first black monitoring officer. Her contract was terminated in August 2023 following performance concerns. Compensation for the successful harassment claims will be determined at a later hearing.
