Ms P Olorunnibe v Lidl Great Britain Limited — 2021

The claimant worked for the respondent from 9 September 2019 until dismissal on 8 October 2019 during her probationary period. She brought claims of direct race discrimination and racial harassment, relying on her Black African race and Nigerian national origins. The tribunal also refused her application to strike out the response, finding that further disclosure was not necessary or proportionate and that a fair hearing remained possible.

On direct discrimination, the tribunal accepted that some matters occurred, including the claimant being denied time to read guidance notes, close monitoring, dismissal before the end of probation, and being escorted from the premises. It found, however, that the treatment was explained by the claimant's performance, the fast-paced working environment, and the respondent's management approach, not by race or national origins. Other allegations, including deliberate sabotage through invoices, small fonts, and inciting poor training, were not made out.

On harassment, the tribunal accepted that the claimant perceived a number of interactions as unwanted and that she found the workplace stressful and difficult. It found that the relevant conduct did not relate to race or national origins, and in some instances that it was not reasonable for it to have the statutory effect. The tribunal concluded that none of the claimant's claims were made out.