Judgment approved by the court for handing down Mr J Logo v Payone Gmbh and others a. operated on the basis that the sole consideration is the motivation of the individual allegedly concerned; b. failed to consider the wider meaning of related to; and/or c. failed to take into account the relevant context, let alone undertake the necessary ‘intense focus on the context of the offending words or behaviour’, including: it was sent in work WhatsApp group, sent by a white colleague, it was a historic video, the video was sent without explanation, the video went without comment and / or the other findings made including 4(a) / 4(m) / 4(n) 3. As regards Issue 4(u) ‘pure blonde’ video in deciding whether any conduct falling within sub-paragraph s.26(1)(a) has either of the proscribed effects under subparagraph (1)(b), failed to apply the correct law, including failing: failing to ask the ‘subjective question’ and / or failing to take into account subjective factors. 4. As regards Issue 4(u) ‘pure blonde’ video in analysing the video for the purpose of the statutory test considered it out of context and / or in the context of its publication rather than as sent by Mr Schrader. 5. The finding of ‘no connection with race’ at §442 was perverse. 50. There were compound errors in the analysis of this complaint by the Employment Tribunal. It did not identify with sufficient care the conduct in respect of which complaint was made. The conduct was Mr Schrader’s circulation of a video, that depicted a “pure” “utopia” inhabited only by tones white blond-haired people, to a small work WhatsApp group, which included the claimant, a Black employee, with no explanation. The fact that the video was designed to be humorous and that Mr Schrader did not mean to cause offense did not mean that the conduct was not related to race. While it is clear that the advert is designed to play on the words “pure” and “blonde” in the name of the beer, it was necessary for the Employment Tribunal properly to analyse how the wordplay worked. It was contrasting different meanings of the word “pure” which in the name of the beer presumably refers to its pure ingredients but in the “utopia” must relate to the “purity” of the toned blond white people who are the sole inhabitants. The advertisers engaged in a risky form of wordplay. It was common ground between the parties that the driver who snatches a bird from the air to open a bottle of beer was white, brown haired and overweight. He spatters the toned white blond inhabitants of the utopia with mud as he drove off thereby debunking the suggestion that the beer is only for “pure” blond people. That does not alter the fact that the circulation of a video that © EAT 2025 Page 23 [2025] EAT 95