Mr Zahed Hussain & Mr Sheldon Shillingford v Peabody Trust and its subsidiaries — 2023

The two claimants, both former employees of Peabody Trust, brought complaints of race discrimination arising from their employment and the handling of internal processes including grievances. Their claims were consolidated and heard together by Employment Judge Tsamados sitting with Mr C Mardner and Mr K Murphy at London South Croydon over hearing days in May, August and September 2024, with reserved judgment dated 8 December 2024.

The Tribunal unanimously found that the first claimant's complaints of direct race discrimination, indirect race discrimination and victimisation were not well-founded and dismissed them, save that the direct race discrimination allegations at paragraphs 2.2.12 and 2.2.13 of his list of issues were decided by a majority. The second claimant's complaints of direct race discrimination, indirect race discrimination, harassment related to race and victimisation were unanimously found not to be well-founded and were dismissed.

On the victimisation allegation concerning a costs warning letter sent by the respondent's solicitors on 1 September 2022, the Tribunal concluded, applying the line of authority in Khan, Derbyshire and Pothecary Witham Weld v Bullimore, that a reasonable litigant in person would not regard such a letter as a detriment and that in any event the respondent acted honestly and reasonably in taking a step to preserve its position in pending discrimination proceedings.