In person For the v Respondent — 2021

The claimant, Ms C Beckford, was a black British Revenue and Licensing Officer and Unite representative at Transport for London. The tribunal heard evidence that a number of emails about her were rude and inappropriate, and it accepted that she had a genuine sense of hurt and upset. It also found that her grievances in 2011 and 2018 were protected acts for Equality Act purposes, but that the 2014 grievances were directed to trade union treatment rather than race or sex discrimination.

On the direct discrimination claims, the tribunal accepted that the 11 May 2016 email discussing the claimant's sickness absence was unnecessary and distasteful, but it found no evidence that the comment was because of race or sex. It also found that the Make A Difference award delay was caused by Mr Lingham's late referral, not by Nick Aldworth or Matthew Wilson. The 13 March 2017 building-pass decision was made by Mr Hawkes for pass-policy reasons and not because of race or sex, and the claimant's comparator evidence was not accepted as showing less favourable treatment.

The indirect discrimination claim failed because the tribunal found that grievance chairs were appointed in accordance with TfL's policy, which normally used managers within the department rather than entirely external individuals. It found no evidence of collusion or that this practice put black employees at a particular disadvantage. The victimisation claim also failed: the tribunal found that the claimant had not shown the 2014 grievances were protected acts, and it did not accept that Mr Hawkes singled her out or belittled her at the 30 October 2018 framework meeting.

For the trade union detriment claim, the tribunal found that in January 2015 the claimant's work was not properly covered while she carried out union duties and that this was capable of being a detriment caused by trade union activity. However, it held that this complaint was out of time, that it was not part of a series of similar acts, and that it had been reasonably practicable for the claimant to contact ACAS within time. No monetary award was made.