Miss Pialy Mallik v Arriva Kent and Surrey Limited — 2025

The tribunal found a breach of the equality clause in relation to Miss Mallik's contract of employment and held that she was entitled to a payment of £5,168.84. That payment had already been made on 12 August 2022, so no further remedy was due.

The claims for unlawful deduction from wages, holiday pay and breach of contract all failed. The tribunal held that overtime was not contractually payable without prior approval, that claimed expenses such as travel, lunch and printing were not wages and were not contractually due, and that no additional payment was due for the telephone call with Mr Gilmore because it was during paid time. It also held that annual leave was not wrongly withheld during special leave and that the decision to place Miss Mallik on special leave and not allow an immediate return did not breach contract.

The disability harassment and reasonable-adjustment complaints were dismissed. The tribunal preferred Mr Whitehouse's evidence that he did not say that depression was 'just an excuse', found that the absence of welfare contact was explained by the breakdown in working relations, and held that there was no relevant PCP or disadvantage for a reasonable-adjustments claim. It also held that complaints about events before 24 December 2021 were out of time, and there was no basis to extend time for the Equality Act claims.

The race discrimination and unfair dismissal claims were also dismissed. The tribunal found that the race allegations were not supported by contemporaneous evidence and that the steps taken would have been the same for a comparator in the same circumstances. On dismissal, it found a near total breakdown in working relations, considered mediation and redeployment, and held that dismissal for some other substantial reason was fair under s.98(4) ERA 1996.