The recent Employment Appeal Tribunal decision in Allay (UK) Ltd v Gehlen held that an Employment Tribunal was entitled to reject an employer's "reasonable steps" defence to a claim of racial harassment. Although the employer had provided its employees with equality and diversity training, such training had become "stale" and ineffective. A further reasonable step would have been to provide refresher training. In this alert we look at what went wrong and the practical takeaways from this decision.
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