‘Cheeky Monkey’ Comment a Racial Slur in a Workplace Context, ET Rules

Comments like ‘cheeky monkey’ may be viewed as entirely innocent in one context but can have racial undertones in another. An Employment Tribunal (ET) made that point in upholding a racial harassment claim brought by a Somali man who was referred to as such by a co-worker.

After the man, who worked for a cleaning contractor, lodged proceedings following his dismissal, the ET found on the balance of probabilities that the co-worker had, on separate occasions, called him a cheeky monkey and told him that he looked like a golliwog.

The ET acknowledged that, in some domestic circumstances, calling someone a cheeky monkey may not be inherently related to race. It noted that children are sometimes referred to as such by older relatives. However, in the context of a disagreement between co-workers – one of them white, the other black – such a comment would widely be regarded as a racial slur.

The golliwog comment – about which the man had complained to his co-worker at the time – was self-evidently inherently related to race. Golliwog dolls are, the ET noted, universally considered as a racist caricature. The man found both comments offensive and their effect on him was to violate his dignity.

Further complaints of unfair dismissal and direct race discrimination were also upheld and the ET directed that the amount of the man’s compensation should be assessed at a further hearing, if not agreed.