Mr P Singh Bassi v Network Rail Infrastructure Limited — 2025

The Claimant, of British Indian ethnic origin and with 24 years' service, was dismissed on 14 March 2024 and brought claims of unfair dismissal, direct race discrimination, race harassment, direct perceived disability discrimination, discrimination arising from perceived disability, and victimisation. During the hearing the Respondent conceded that the Claimant had been unfairly dismissed, and the Tribunal recorded that concession as appropriately made. Several other allegations (the s.15 perceived disability claim and the victimisation claims, along with a number of specific race and perceived discrimination allegations) were withdrawn during the proceedings.

On the race harassment claim, the Tribunal found that two allegations from January 2019 were well founded: the leaving of an EDL/BNP leaflet in the Claimant's locker, and the leaving of racist and bullying materials in a communal area with the Claimant's name on them suggesting he was responsible for a recent stabbing. The Tribunal found on the balance of probabilities that the perpetrator(s) were one or more of the Claimant's work colleagues for whom the Respondent was legally responsible. The remaining harassment allegations and the direct race discrimination allegations were not well founded and were dismissed. The direct perceived disability discrimination claim was likewise dismissed.

The Tribunal applied a multi-factorial just and equitable approach to extending time for the historic race harassment allegations, taking account of the length of and reasons for the delay, the Claimant's ongoing desire to return to his substantive role, the limited prejudice to the Respondent (whose own decision not to investigate at the time was identified as the principal reason for evidential gaps), and the substantial prejudice the Claimant would suffer if time were not extended. The Tribunal concluded it was just and equitable to extend time. Remedy was reserved to a separate hearing of an anticipated half-day.