Ms J Fubara v Certus Recruitment Group — 2024

The tribunal upheld Ms Fubara's complaint of harassment related to race. It found that four workplace remarks, including the Avatar comment about her braids on 15 March 2022, the 'ghetto music' remark on 21 July 2022, the comment about non-English names, and the 'roadman' remark on 12 September 2022, were all made and were all related to race. The tribunal accepted that the March incident was outside the primary time limit but extended time on a just and equitable basis. It found the conduct was not intended to harass, but that in context it had the effect of violating dignity and creating a hostile environment, taking into account the cumulative workplace context described in evidence.

The reasonable adjustments complaint failed. The tribunal accepted that Ms Fubara had ENT and sinus problems and that air conditioning or travel could worsen symptoms, but it was not satisfied that the impairment had a substantial and long-term adverse effect on normal day-to-day activities, so disability was not proved for Equality Act purposes. It also found no fixed seating-plan PCP in the way alleged, because the evidence showed she could move desks away from the vent.

The unlawful deduction claim about commission succeeded. The tribunal interpreted the commission terms so that payment fell due when the commission statement was issued, not only if the claimant remained employed on payday. It held that once the commission statement had been generated the respondent's discretion had already been exercised, and it awarded the agreed commission sum of £2,350. The separate sick pay complaint failed because the claimant had not had a sickness absence lasting three days or more, so there was no entitlement to statutory sick pay. The tribunal awarded £8,500 for injury to feelings, £1,509 interest on that award, £2,350 for the commission deduction, and £156.58 interest on that sum, making a total award of £12,515.58.