Mr B Marren v Joda Freight Ltd HELD by CVP — 2021

The claimant, Mr B Marren, worked for Joda Freight Ltd as a caretaker/cleaner from 16 December 2019 until his dismissal on or about 28 August 2020. The tribunal found that in January and March 2020 he spoke to managers about Kath Field in accounts and said he thought she would make problems for him, but it found no allegation of sex discrimination during that period. In June and July 2020 the respondent introduced cleaning checklist sheets, the claimant was instructed to complete them, and after a complaint about poor cleaning standards he refused to sign further sheets because he believed the complaint had come from Kath Field.

The tribunal found that the claimant repeatedly linked the workplace issue to alleged bullying by Kath Field, but he never lodged a formal grievance despite being told to do so and being sent the grievance procedure in the handbook. It found that any person alleging bullying ought reasonably to invoke the grievance procedure, and that the claimant did not give a reasonable explanation for not following it. The tribunal also found that, when the matter was investigated, it was about his refusal to sign the sheets and not about Kath Field.

On the discrimination claim, the tribunal applied section 13(1) Equality Act 2010 and section 136 Equality Act 2010. It found that the claimant did not identify a comparator and did not particularise the alleged bullying in a way that tied it to sex discrimination. It also found there were no facts from which it could conclude, in the absence of another explanation, that the respondent treated him less favourably because of sex. The claimant was dismissed for gross misconduct, described as gross insubordination for repeated refusal to carry out a reasonable request from his line manager, and the sex discrimination claim was dismissed.