Judgment approved by the court for handing down Mr J Logo v Payone Gmbh and others have assumed that it was deliberate rather than thoughtless by Mr Schrader whom they accept did not see any possibility of causing offensive. 443. The minority (Employment Judge George) accepts that there is a play on words between an Australian beer called Pure Blonde and blonde hair. However, her view is that is a connection with race because hair colour, like skin colour, is an aspect of race and, typically, blonde people are white. The attempt at humour appears to be to contrast the alleged purity of the beer, the purity of the world they live in and the pure white of the clothing with the impurity of mud. That latter point does not in the view of any of the tribunal members mean that the advert is connected with race. 444. Judge George considers that the connection with race is tenuous and weak. Overall, there is a play on words between Blonde beer and blonde people and an attempt to use mild comedy to sell beer. Furthermore, in her view, the connection with race is not the connection contended for by the claimant which is that there is a connection with the Nazi ideology of the pure Aryan race. 445. What the claimant is doing is reading into the advertisement that it is projecting a world which is a utopia because it is only occupied by white and blonde people and that is not an interpretation that any of the Tribunal agree is a reasonable one to take, based on the description given to us of the advertisement. 446. Notwithstanding their differing conclusions on whether the advertisement is related to race, the Tribunal is unanimous that it is not reasonable for the post to be regarded as having the harassing effect. Judge George’s reasoning is that, as Underhill LJ says in Richard Pharmacology Ltd v Dhaliwal it is not every racially slanted adverse comment or conduct which violates a person’s dignity. The advert cannot reasonably be described as an adverse comment and is not derogatory towards black people. The relationship with race is tenuous and weak and the presumption that offence was intended was itself based upon the nationality of the person posting the advert. In those circumstances, given the mild attempt at humour, the Tribunal are unanimous that it is not reasonable to regard Mr Schader’s actions as having the harassing effect. 447. As with the other WhatsApp messages, the unanimous view of the Tribunal is that, a post into a WhatsApp group which has both black members and non-black members treat all of them the same and there is no less favourable treatment. As above, we accept that R2 himself did not see any connection with race in this advertisement. Overall, he was open and honest about his answers, and we accept that he would not have posted it, if he had thought people would be offended. [emphasis added] The Pure Blond Appeal 49. The claimant asserts: 1. As regards Issue 4(u) ‘pure blond’ – erred in law in holding that the Third Respondent did not contravene s26 2. As regards Issue 4(u) ‘pure blonde’ video failed to properly apply the law as regards ‘related to’: © EAT 2025 Page 22 [2025] EAT 95