Tribunal finds that suggesting someone is ‘playing the race card’ is race discrimination

A former British Army musician has been successful in a claim for race discrimination.

In the case, a black Rastafarian French Horn player in the Grenadier Guards was denied entry to his barracks while wearing civilian clothing by a guard who did not initially believe he was a soldier. He returned in uniform to discuss the matter with the guard and his superior officer, suggesting that his identity had been challenged because he was black. The superior officer alleged he was turning the incident ‘into a racial thing’ and ‘playing the race card’ and the musician was later disciplined for this altercation.

What is race discrimination?

Direct race discrimination occurs where a person treats another person less favourably because of their race. It is one of the 9 protected characteristics under UK anti-discrimination law.

What did the Tribunal decide in this case?

 The tribunal determined that the officer had been racially harassed. He had also suffered racial victimisation (as he had been treated unfavourably by reason of having raised the possibility of race discrimination in the first place).

They concluded:

• the comments of the superior officer amounted to direct race discrimination  
• it was ‘inconceivable’ that a white person would have faced the same accusation of ‘playing the race card’ the comment was ‘irrefutably connected’ with race.

The outcome in this case is not at all surprising given the language involved and the behaviour of the superior officer. However, it is a clear reminder to employers that employees, especially managers, need to receive clear and regular training on equality and diversity. Comments such as those made in this case have no place in the workplace, or anywhere in our society.