Network Rail Condemned for 'Laissez-Faire Attitude' in Race Harassment Case
A British Indian railway worker has successfully won a race harassment case against Network Rail after colleagues placed an anti-Islam English Defence League leaflet in his work boots. Parmjit Bassi, who has worked as a track worker since 1999 at the Eastleigh depot in Hampshire, was subjected to what an employment tribunal described as "clear sleights" against his race.
Racist Leaflet Incident and Management Failure
The Southampton Employment Tribunal heard that in November 2018, Mr Bassi discovered the EDL leaflet in his boots. The document asked "what individuals were doing to protect their children from Islam" despite Mr Bassi not being Muslim. When he reported the incident to his manager, he was told that finding a culprit would be impossible and that Mr Bassi did not want any action taken.
However, Mr Bassi testified that he was "shocked by the leaflet being left as it was, and was concerned that nobody followed up on it." The tribunal concluded that Network Rail's "laissez-faire attitude was very hard to comprehend" regarding the incident, with the manager later admitting that more should have been done in hindsight.
Escalation to Newspaper Clippings and Knife Implications
The harassment escalated significantly in January when Mr Bassi returned from annual leave. Two copies of a national newspaper with the headline 'Knifed Nine Times' were discovered in the office, one placed in a kitchen drawer with a knife and another again found in Mr Bassi's boot. A note written in marker pen said 'It was Parm', clearly implying he was responsible for a high-profile stabbing.
Mr Bassi again felt "shocked and saddened that he had again been targeted" and "bullied." The tribunal found that his feeling of not being welcome was "entirely understandable and correct." His manager responded by sending him home on full pay "for his own welfare" without consulting him about whether this was what he wanted.
Tribunal's Strong Criticism and Legal Findings
Judge Gary Self delivered a damning verdict, stating: "When [Mr Bassi] made allegations of racist behaviour against him no further action was taken as it was said that the perpetrators could not be identified. To do nothing was weak management and only strengthened the bullies' position at the expense of [Mr Bassi]."
The tribunal specifically addressed the significance of the EDL leaflet: "The leaflet is from a known organisation with racist views, and we consider that in the context of such a document being left in the boots of a British Asian man, that notwithstanding the fact that it is a leaflet attacking Islam, it was a clear sleight against [Mr Bassi] and his race/colour."
They added: "[Mr Bassi] was simply lumped in together with what the purveyor of the literature perceived as a dangerous 'other'. The Tribunal are quite sure that this was a clear act of racial harassment/intimidation towards [Mr Bassi] as part of the ongoing campaign by a colleague or colleagues."
Career Disruption and Unfair Dismissal
Following the incidents, Mr Bassi was moved to work on the Eastleigh signalling team without his input. He continued to look for more suitable work but struggled in his role and was eventually dismissed in April 2021. After appealing the decision unsuccessfully, he took Network Rail to the employment tribunal with multiple claims.
The tribunal ruled in his favour on both racial harassment and unfair dismissal claims. The employment judge also found that the worker had been racially harassed by the newspaper clippings left in his locker, stating: "We accept on the balance of probabilities that the documents were left for [Mr Bassi] to find."
The case highlights serious failures in Network Rail's handling of racial harassment complaints and workplace bullying, with the tribunal emphasising that "something needed to be done" when it was clear Mr Bassi was being ostracised. Mr Bassi is now set to receive compensation for the discrimination he endured.
