Case 2208210/2022 · Employment Tribunal
Mr Eric Brown For the v Respondent — 2024
- Case reference
- 2208210/2022
- Decision date
- 4 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Talbot-Ponsonby
- Venue
- Central London
- Panel members
- Mr Patrick Alleyne, Mr Robert Baber
Parties
1 namedClaimant
Mr Eric Brown For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant, a security guard, brought claims of direct race discrimination and constructive dismissal after events following his removal from work at Paddington Station by Network Rail. The tribunal found that the respondent did not itself remove him from Paddington Station and that it had offered him work elsewhere.
On race discrimination, the tribunal found there was no less favourable treatment by the respondent and, in any event, no facts from which discrimination because of race could be inferred. On constructive dismissal, the tribunal found the respondent investigated reasonably, informed the claimant of the allegations, had no obligation to pay him when he was not working under a zero-hours contract, and acted reasonably at the preliminary hearing.
The tribunal concluded that there was no breach of the implied term of trust and confidence. It also found that the claimant had affirmed the contract in relation to earlier matters and resigned because he had secured alternative employment, so the constructive dismissal claim failed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal found the respondent had not removed the claimant from Paddington Station or failed to offer shifts as alleged, and that the claimant had not shown facts from which race discrimination could be inferred. | Dismissed | Race | — |
| Constructive dismissal | The tribunal found the respondent's conduct did not breach the implied term of trust and confidence, that the claimant had affirmed the contract in relation to earlier matters, and that he resigned because he had found other employment. | Dismissed | — | — |
Legal tests applied
4 references- Equality Act 2010 section 13
- Equality Act 2010 section 123
- section 136 of the Equality Act 2010
- implied term of trust and confidence
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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