‘Misjudgment’
A senior City lawyer who fist-bumped a Black colleague has been cleared of racial discrimination by an employment tribunal.
The tribunal heard how Ian Rosenblatt, senior partner of London-listed legal services group RBG Holdings, greeted new partner Noel Deans with the gesture on his first day in the office.
Employment judge Emma Burns ruled that the greeting was a “misjudgment” and “insensitive,” but it did not reach the level required to be considered unlawful race-related harassment.
The Telegraph (£) reports that Deans, who is of African-Caribbean heritage, argued that the welcome differed from how Rosenblatt greeted new white colleagues, with whom he allegedly stopped to chat for longer.
Rosenblatt told the tribunal that he did not recall the incident but frequently greeted friends and colleagues with a fist bump, regardless of their ethnicity.
Deans’ claim also referred to a 2018 dinner where the firm’s former chief executive, Nicola Foulston, used a racial slur during conversation. He argued that Rosenblatt had laughed, which Rosenblatt denied, stating instead that he had interrupted Foulston, telling her she could not say what she had said.
On Foulton’s use of language, the tribunal said: “We were satisfied that Ms Foulston did not use the phrase with the purpose of violating the claimant’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him. Our decision, however, is that using the word had the effect of creating an offensive environment for the claimant, albeit that this was fleeting in duration.”
The judge also found that Rosenblatt “did not laugh, but was offended by what Ms Foulston had said and admonished her in response”.
Deans joined Rosenblatt as an employment partner in 2017 and served as head of the department until leaving the firm in 2020
A spokesperson for RBG Holdings, said: “We are pleased the tribunal has unanimously dismissed each and every claim made by Noel Deans. This has been an extremely time-consuming and distressing process for our team to endure, and we hope the spotlight can now return to the great work that we are known for.”
Foulston, who was cleared of harassment, said: “I welcome the judge’s verdict and reiterate my commitment to inclusive workplaces. I look forward to continuing working in the private equity and venture capital space at an incredibly exciting time for the sector.”
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