In person For the v Respondent — 2021

The claimant, who identified as black of African origin, worked for Servest cleaning trains at King's Cross for LNER. He brought race claims arising from two matters: R's handling of his April 2020 complaint about SF, and SF's order that C leave room 207 on 13 April 2021. The tribunal heard from C, SF and managers, and gave only limited weight to some statements from absent witnesses.

The complaint-handling allegation was held to be substantially out of time, and the tribunal refused to extend time. It found the gap of almost a year between that complaint and the later incident was too great to treat the matters as an act extending over a period. Even if the claim had been in time, the tribunal found the failure to respond to C's 21 April 2020 email was not because of race: SP had already replied to the earlier email about the CCTV issue, the period was exceptionally busy, and there was no express request for a reply.

On the 13 April 2021 incident, the tribunal found that SF had sought clarification from his managers about which room Servest staff could use, was told that room 205 was for Servest and room 207 for LNER, and then enforced that position when he found C and AZ in room 207. The tribunal accepted there were facts capable of shifting the burden of proof under s.136 EqA 2010, but concluded SF would have required cleaners of any race to leave room 207. It therefore rejected the direct discrimination and harassment claims, finding the reason for the conduct was not race-related.