Mr O Ogunbayo v Amazon UK Services Limited — 2024

The claimant brought claims of indirect race/nationality discrimination and harassment arising from applications for work with the respondent and right to work checks. The tribunal found that the earlier COT3 agreement compromised claims up to and including 25 September 2023, but did not preclude claims against the respondent that post-dated that date.

On indirect discrimination, the tribunal considered the alleged PCP concerning documentation for right to work checks and reluctance to carry out manual checks. Taking the case at its highest, it found the claimant could not show that people sharing his race or nationality were put at a particular disadvantage, and that the October 2023 failure arose from an administrative error in the right to work check rather than facts capable of supporting an inference of race discrimination.

On harassment, the tribunal took the claimant's account of the 20 October 2023 incident at its highest but found there were no facts from which it could infer that the alleged shouting, instruction not to apply again, or blocking from the website was related to race or nationality. The discrimination and harassment claims were struck out as having no reasonable prospect of success, and the redundancy payment claim was withdrawn and dismissed.