Mr M Provatas v DHL Services Limited Heard: in Sheffield on 13th, 14th, 15th, 16th and 17th January 2025 — 2024

The claimant, Mr M Provatas, was employed by DHL Services Limited as an HGV driver from 1 July 2013 until his resignation on 5 January 2023. He brought claims of indirect race discrimination, failure to make reasonable adjustments, harassment related to race and disability, victimisation, constructive unfair dismissal, and unauthorised deduction from wages. The respondent admitted the wages claim and was ordered by consent to pay £235. All remaining claims failed and were dismissed.

On the constructive dismissal claim, the Tribunal found that some matters did amount to breaches of the implied term of trust and confidence, including the issuing of a final written warning in July 2022 (which the Tribunal described as harsh given little consideration was given to medical reasons) and the decision to suspend the claimant on 10 July 2022. However, the Tribunal found that the claimant had waived those breaches by delaying almost six months before resigning and by taking steps such as raising a grievance, attending a grievance hearing, appealing, and engaging in further meetings, thereby affirming the contract.

On the discrimination claims, the Tribunal rejected the indirect race discrimination, reasonable adjustments, harassment and victimisation complaints. A late respondent application to amend the response to plead justification for the indirect discrimination claim was refused as it was made at a very late stage in the proceedings.