Mr L Ogilvy, claimant’s friend For the v Respondent — 2022

Mr F Emueze brought a claim of direct race discrimination under section 13 Equality Act 2010. His pleaded complaints concerned the introduction of hourly check calls on the Telme App, being asked to report absences to the 24/7 Control Room, being asked by the client’s site facilities manager Mr Ruan Davel to attend the Frestonian Building, the removal of overtime shifts, and the handling of the grievance investigation. Two further allegations, about an interview/escalation to Savills and about a condolences letter and compassionate leave, were withdrawn. The claimant relied on his race, described at the preliminary hearing as black and of African descent.

On time limits, the tribunal held that the last act relied upon was the failure by Ms Golovina to interview Ms Tracy-Ann Samms and Mr Dion Allen during the grievance process, which crystallised on 6 October 2021 when her grievance outcome was sent. The primary limitation period expired on 5 January 2022. Early Conciliation did not begin until 11 January 2022 and the claim was presented on 17 January 2022, so the tribunal found the claim was out of time. There was no evidence explaining the delay and the tribunal was not satisfied that it would be just and equitable to extend time. It also held that the grievance-stage complaint did not form a continuing act with the earlier operational complaints.

In the alternative, the tribunal rejected the claim on the merits. It found that the claimant was not singled out for lone working or hourly check calls; the check-call system was introduced across relevant night and weekend staff for safety reasons, and the reporting of absences was required by the assignment instructions and applied to all security staff. The request to investigate the Frestonian Building incident came from Mr Davel, who was employed by Savills and not by the respondent, and the tribunal found no legal basis for making the respondent liable for that request. The overtime allegation failed because the tribunal accepted that Mr Leonard did not have access to the rostering system and found no contemporaneous evidence that he had removed the shifts.

The tribunal also found no race discrimination in the grievance investigation. It accepted that Ms Golovina did not interview Ms Samms or Mr Allen at first instance, but held that the claimant had not put forward facts from which discrimination could be inferred. Those interviews were later carried out by Mr Buxton on appeal. The tribunal concluded that the claimant had not shown facts capable of shifting the burden of proof, and if jurisdiction had existed the claim would have failed in any event.