Mr S Younis v Northern Gas Networks Operations Limited — 2022

The claimant, Mr Younis, worked as a Customer Care Officer and complained that his move from Bradford to Leeds in January 2019 and from Leeds to Pontefract in July 2019 was racially motivated. The tribunal found that the Bradford patch required only one CCO, that a decision was taken that he would transfer, and that there was no credible evidence that either transfer was because of race. It also found that the complaints about those transfers were substantially out of time and that there was no conduct extending over a period or basis for a just and equitable extension.

The tribunal accepted that on 8 July 2020 an MCC employee used extremely offensive racial language in the claimant's presence. It found that, whether the words were 'Fucking Paki' or a reference to a 'Paki shop', they would amount to harassment. However, the harassment complaint based on that incident was one day out of time, and the tribunal declined to extend time. It also found that the respondent was not responsible for the MCC employee's conduct and had done what it reasonably could after the incident, including contacting MCC, obtaining an apology, and being told that race equality briefing had taken place.

A further harassment allegation concerned Mr Russ Kaye's use of the phrase 'corner shop' during the disciplinary process. The tribunal found that this wording was an attempt to avoid using the racial slur and that, taking account of the claimant's perception and the circumstances, it was not reasonable for the conduct to have the effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The victimisation claim also failed: although the claimant had done a protected act by reporting the racist comment, the tribunal found no evidence that the later comments by staff or JW were because of that protected act, and it held that the respondent was not liable for MCC employees in any event.