Mr Mbonu (in person) For the v The Secretary of State for Justice — 2025

The tribunal found that the claimant, a Black African prison officer at HMP Swaleside, proved parts of his direct race discrimination complaint. It found that Custodial Manager Richardson falsely stated that a sickness absence review had taken place and created a document to support that account, and that the respondent failed to deal adequately with the claimant's grievance about that conduct. It also found that grievances raised on 1 January 2022 and 18 January 2023 were ignored, and that there was no satisfactory non-race explanation for those failures.

The harassment complaint succeeded in relation to racist comments found to have been made by Mark Ackland and Steven Blanche. The tribunal did not find sufficient evidence that Alex Reynolds had made the alleged racist comment. It held that the proven comments were unwanted conduct related to race and had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The constructive dismissal complaint succeeded. The tribunal found a course of conduct which cumulatively breached the implied term of trust and confidence, including the handling of the Richardson grievance and the proven discriminatory treatment. It found the complaint made by Michelle Hodgkinson about the bed watch incident was the last straw, that the claimant had not affirmed the contract, and that he resigned in response to the respondent's conduct. The victimisation complaint was dismissed because the claimant did not establish that the alleged detriments occurred because of the protected act relied upon.