In person For the v Respondent — 2019

The claimant, who the tribunal recorded as Black African, worked in a security role from 18 May 2015. After a June 2018 power outage at St Mary's Hospital, Mark Wicks went to the site and found the claimant and Ade asleep in the control room while Ovie was watching a programme on his PC. Mark Wicks reported the matter, Paul Groom investigated by interviewing the claimant, Ade and Ovie and by taking witness accounts, and the matter was then taken forward to a disciplinary hearing on an allegation of sleeping on duty.

The tribunal rejected the claimant's direct race discrimination case across all pleaded allegations. It found no evidence that race played any part in Mark Wicks's decision to raise the issue, in the request for statements, in the wording or contents of the investigation materials, or in the way the investigation was conducted. Although it noted some uncertainty about the respondent's internal procedure, including which manager should have handled the investigation and disciplinary stages, it found that any departure from policy was not because of the claimant's race and did not amount to a breach of contract.

The harassment complaint also failed because the tribunal found no unwanted conduct related to race. The constructive dismissal claim failed because the tribunal found that the respondent had not committed any fundamental breach of contract: the investigation and disciplinary process were reasonable, the invitation to disciplinary hearing was justified, and the claimant's resignation on 1 October 2018 did not amount to constructive dismissal. The tribunal therefore dismissed all claims and made no award.