Amy Reeves vs Kier Ltd

Amy Reeves started as a Commercial Administrator with Kier Ltd on a 12-month fixed-term contract from November 2024 to November 2025. Reeves described herself as being British and Jamaican and, during her time at the Company, reported a series of events that led to her tribunal claim.

On her first day, there was a comment made by a colleague referring to a tenant as a “little old black lady”, which made Reeves feel uncomfortable. Later incidents included having a colleague make comments which she viewed as mocking non-English names, and another colleague referring to two women standing outside the office as “two coloured ladies outside.”

Reeves raised these initial concerns to the Operational Manager, Wayne Bramley, but she chose not to follow this up with HR, as she had felt supported by the conversation with Bramley. He did, however, send staff an email reminding them of respectful behaviour and appropriate training.

Reeves later reported further incidents, such as colleagues whispering in the office (which Reeves believed to relate to her), a failure to include a photograph of Reeves with a photograph of colleagues attending a client event that she did not attend, her tasks being deleted and reassigned by a colleague, and a change to her contract end date.

Reeves went on to submit a formal grievance and went off with work-related stress, during which time the Company tried to keep in touch with welfare calls and offers for support, including occupational health referrals and temporary relocation. The grievance was not upheld, and Reeves resigned in July 2025 before making a claim to the tribunal for harassment related to race, direct race discrimination and victimisation. The claims were dismissed by the tribunal.

Under section 26 of the Equality Act, harassment occurs where an employee experiences unwanted conduct related to a protected characteristic, such as sex, race or disability, and that conduct has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them.
In relation to the comment of the two women, the tribunal acknowledged that this was a single comment related to race and, although old-fashioned and upsetting to Reeves, was not, in all the circumstances, reasonable for the comment to have had the effect on Reeves that would amount to harassment.

The other comment relating to a “little old Black lady” was considered to be a descriptor without any negative connotations, and the mocking comments were unsubstantiated. The reassigned tasks were carried out while she had been on sick leave to ensure that her work was being carried out in her absence, and the change to the contract end date had been a result of an IT system update that affected all staff, and had no actual impact on her contract terms.

The tribunal also took into account the level of support provided by the Company, and rejected the claim that Reeves’ grievance wasn’t handled properly or that she had been victimised. The Company had clear evidence of trying to engage with Reeves and offer support throughout the process, including adjustments to her work, and exploring all of the concerns that she had raised.

This case shows that tribunals will consider all circumstances of a claim, including the purpose or effect of actions or comments, and if this would be seen as reasonable to have the effect reported by the claimant.

Whilst in this example the Tribunal found that it was not reasonable for the conduct to have had this effect, employers should however make sure that offensive comments are speedily challenged, and respect and inclusion is ensured. This case highlights the importance of employers responding appropriately to concerns, taking reasonable steps, and offering continued support.

The comments alone weren’t enough to amount to harassment in this case, but that outcome isn’t guaranteed. What protects you afterwards is challenging comments quickly, investigating fairly and supporting the employee through a grievance. Contact Solutions for HR to review your grievance process.

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