Mr Faisal Abdi v TC Facilities Management Limited — 2022

Mr Abdi was a black Somalian man with conceded disability, namely PTSD, anxiety and depression. The tribunal found that the employment relationship continued after the original 19 October 2020 dismissal because the appeal outcome reinstated him, but that the employment later ended when the respondent wrote on 20 January 2021 saying the original dismissal remained effective after he refused mediation with Susan Standing. The unfair dismissal claim therefore succeeded, with 20 January 2021 treated as the effective date of termination.

On the race harassment claim, the tribunal found on the balance of probabilities that Susan Standing had told the claimant that he looked like a 'Golliwog' in or around October/November 2019 and had called him a 'cheeky monkey' in July 2020. It held that both comments were unwanted conduct related to race and that they had the required effect on the claimant. The remaining harassment allegations arising from the July 2020 dispute were dismissed because the tribunal accepted that the underlying subject matter was concern about cleaning standards rather than race.

The tribunal also upheld direct race discrimination in relation to the claimant's suspension on 23 July 2020 and in relation to the respondent's treatment of his race complaints. It found that Ashley Creel suspended him without a proper preliminary investigation, that the respondent gave no satisfactory non-discriminatory explanation for the suspension, and that race materially influenced the treatment of his complaints about Susan Standing's comments. The tribunal criticised the way the grievance and appeal stages approached the claimant's evidence, including repeated suggestions that 'cheeky monkey' might have been a harmless term of endearment, and it found that the later 'golliwog' allegation was not properly investigated. Other race discrimination complaints, including those linked to the hours allegation and the dismissal decision, were dismissed.

The reasonable adjustments claim under ss.20 and 21 EqA 2010 failed. Although the tribunal accepted that a person with PTSD would likely be disadvantaged by internal disciplinary and grievance procedures, it found that the respondent had offered employee wellbeing support, that the claimant did not take up that support or indicate that he needed further assistance at the relevant time, and that the steps later suggested by him, such as contacting relatives or weekly check-ins, were not reasonable in a confidential process. The tribunal also treated the race-related conduct as a continuing act, so the EqA complaints were in time.