In person For the v Respondent — 2021

Mr M Mweemba brought claims of direct race discrimination and harassment related to race against Clydesdale Bank plc trading as Virgin Money. The tribunal accepted that there were cultural problems in the team, including some discriminatory language by colleagues and a low level of black representation in management, but it held that those matters did not show that the claimant himself was treated less favourably because of race. It also said the complaints were treated as a continuing course for limitation purposes and that, if necessary, time would have been extended on a just and equitable basis, but it ultimately determined the claims on their merits.

The tribunal rejected the allegations that Mr Butler, Ms Harrison or AW spread rumours that the claimant was a heroin addict with financial difficulties. It found there was no evidence that such rumours existed. It also found that the claimant’s account of drug-related remarks in the office did not establish the alleged rumour, and that the claimant’s inference that the comments were directed at him was not supported by the evidence.

On support, training and performance management, the tribunal found that the claimant had a structured induction, buddying and ongoing assistance, and that Mr Blainey and Mr Butler did provide support when issues arose. It rejected the allegation that they withheld training or support because of race. It found the Early Intervention Plan in October 2019 was a supportive response to performance and conduct issues, not a device to dismiss him, and that he completed the plan and was removed from it. The tribunal also found that the temporary deputising role given to Mr Burke, and later the Commercial Operations Manager appointment, were decisions taken without an open application process for anyone, so the claimant was not singled out because of race.

The tribunal also rejected the allegations arising from January and April 2020. It found that Mr Butler’s reports to HR were made to seek advice about genuine concerns raised by colleagues and by incidents involving the claimant, including concerns about his behaviour and well-being, not because of race. It further found that the April 2020 email exchange about an urgent customer case was not race-based: the claimant’s response was curt in a pressured pandemic context, and the respondent’s comments about it were based on that exchange. The tribunal concluded that the claimant did not prove facts from which direct race discrimination could be inferred on any of the twelve allegations.

On harassment, the tribunal found that Mr Hastings’s posting of the WhatsApp video on 22 March 2020, which ended with the racist slur "You Paki bastard", was unwanted conduct related to race. However, it accepted Mr Hastings’s evidence that he had not watched the video to the end when he posted it, so there was no discriminatory purpose. The tribunal held that the incident was offensive and upsetting but did not violate the claimant’s dignity or create an intimidating, hostile, degrading, humiliating or offensive environment. It noted that Mr Hastings apologised immediately and removed himself from the group. Both claims were dismissed and no remedy was awarded.