Mrs B Sahota and v AFH Independent Financial Services Limited SITTING AT: Birmingham — 2023

The tribunal, sitting at Birmingham before Employment Judge G Smart alone, found that the claimant's constructive unfair dismissal claim succeeded, on the basis of breach of the implied term of trust and confidence. The tribunal also found that the constructive dismissal amounted to an act of victimisation contrary to sections 27 and 39 of the Equality Act 2010. Four specific victimisation allegations (paragraphs 6.2.1, 6.2.2, 6.2.7 and 6.2.11 of the list of issues) were upheld; the remaining victimisation allegations failed.

The direct race discrimination claims at paragraphs 4.2.2-4.2.6, 4.2.8-4.2.12 and 4.2.14 were dismissed upon withdrawal after the claimant, a litigant in person, clarified which allegations she pursued as race discrimination and which as victimisation. The remaining direct race discrimination allegations (4.2.1, 4.2.7 and 4.2.13) and the harassment related to race claims under sections 26 and 40 Equality Act 2010 were found not well founded and were dismissed.

The respondent conceded that the grievance of 23 October 2022 amounted to a protected act, conceded allegation 6.2.1 (Mr Hudson's words to the claimant on 23 November 2022) as an act of victimisation if in time, and conceded allegation 6.2.2 (Mr Handshaw's request on 28 November 2022 that the claimant apologise and withdraw her grievance) as unlawful victimisation. The respondent disputed the time limit point and whether 6.2.2 breached trust and confidence. The text available does not set out the remedy figures; a Layer 1 monetary figure of GBP 105,707 was noted but cannot be attributed to a specific head of award from the extracted text.