Judgment approved by the court for handing down Mr J Logo v Payone Gmbh and others Fiona from Shrek. 130. The claimant describes his experience of attending this event in para 19 to 24 of his statement. He describes experiencing an immediate rush of anxiety when he saw the person he later realized to be Ms Ganswindt in black face paint. He observed some employees laughing at him and felt very isolated as the only person of black and minority ethnic background in his immediate verticity particularly when he was only a few days into his induction with a new employer in a foreign country. In his paragraph 22 he explains that the association he immediately felt between seeing Miss Ganswindt dressed in black face and the dehumanization of Black people caused him to suffer a panic attack. He went into a toilet cubical to recover. … 133. We do not criticize him for not complaining. … 138. We accept her evidence that she choice the costume before she met the claimant so she was not aware that he was Black or that he would be present. … 140. One of the difficulties when an allegation is raised for the first-time years after the event is that one party or possibly both parties have not had cause to recall the details until relatively recently. The claimant bases his allegation that Miss Ganswindt deliberately sought to humiliate him or create an offensive environment for him on her having laughed and been unforthcoming when he asked about whether there was a theme for the event. These are details that Miss Ganswindt does not recall. [emphasis added] 31. The Employment Tribunal analysed the complaint: 395. As to LOI.4.a, the event happened. It is conceded by the respondent that this incident would amount to race related harassment on the basis of the unwanted conduct causing the harassing effect and we accept that it does. The claimant argued that this incident was harassment because Miss Ganswindt had the purpose of creating the harassing effect. 396. We refer to but do not repeat our discussion at paras. 134 to 142 in which we concluded that Miss Ganswindt dressed up in costume using black face paint not because she intended to harass the claimant, whom she had not met at the time she decided on her costume. We accept, after careful consideration, that she was genuinely unaware that a black British person would be likely to associate a white woman dressed as a black actress with offensive and demeaning portrayal of people based on race. [emphasis added] 32. The decision that the conduct did not have the purpose of violating the claimant’s dignity is not challenged in the appeal. In analysing the purpose of the conduct the Employment Tribunal had regard to the difficulties caused by the passage of time. However, it was accepted by the respondent that the conduct occurred and constituted harassment because it had the effect of violating the claimant’s dignity. © EAT 2025 Page 13 [2025] EAT 95