Mr N Onyuta v London Underground Limited — 2019

The Claimant, who described himself as black African, brought complaints of race discrimination and race-related harassment arising from matters including his transfer from Hammersmith to Ealing Common, grading and pay, grievances, suspension and disciplinary proceedings, use of CCTV, alleged conduct by managers, refusal to return him to Ealing Common, and assignment to Stonebridge Park.

The Tribunal found that complaints about acts before 9 December 2017 were presented out of time, were not part of a continuing act extending beyond that date, and it was not just and equitable to extend time. It nevertheless considered those matters and found that the Respondent's actions were explained by business reasons, contractual arrangements, the Claimant's conduct, or management concerns, and that there was no evidence from which race discrimination or race-related harassment could be inferred.

For the acts after 9 December 2017, the Tribunal found that the delayed handling and eventual closure of the Claimant's November 2017 grievance resulted from internal process issues and the Claimant's refusal to attend a grievance meeting, not race. It found that the decision not to return him to Ealing Common and the offer of Northumberland Park or Stonebridge Park followed the breakdown in working relationships, sickness absence and the Respondent's view of its duty of care, and had nothing to do with race.