Case 2304840/2022 · Employment Tribunal
Mr O Harwood-Allen v London United Busways Ltd — 2025
- Case reference
- 2304840/2022
- Decision date
- 26 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge MJ Reed
- Venue
- London South
- Panel members
- Ms V Gibbs, E Whitlam
Parties
2 namedClaimant
Mr O Harwood-Allen
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed the direct race discrimination complaint. It found that although there was different treatment connected with the claimant's suspension and fact-finding interview, the facts did not show, in the absence of another explanation, that the treatment was because of race.
The tribunal also dismissed the direct sexual orientation discrimination complaint about relief manager duties. It accepted that not being offered such work was capable of being a detriment, but found that the claimant had not shown less favourable treatment because of sexual orientation; after suspension and sickness absence, a hypothetical comparator would not have been assigned relief manager work either.
The tribunal upheld one reasonable adjustments complaint by majority. It found that applying a stage 1 warning threshold for sickness absence placed the claimant, who had ulcerative colitis, at a substantial disadvantage, and that it would have been reasonable to disregard the absences related to his disability when applying the warning threshold. The remaining reasonable adjustments complaints were dismissed, and remedy was left to a separate hearing.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Direct race discrimination complaint concerning the claimant's suspension and the fact-finding interview was found not well founded and dismissed. | Dismissed | Race | — |
| Sexual orientation discrimination | Direct sexual orientation discrimination complaint concerning allocation of relief manager work was found not well founded and dismissed. | Dismissed | Sexual orientation | — |
| Disability discrimination | Failure to make reasonable adjustments complaint succeeded in relation to the PCP of issuing a stage 1 warning if sickness absence exceeded four instances over a rolling twelve-month period. | Upheld | Disability | — |
| Disability discrimination | The remaining complaints of failure to make reasonable adjustments for disability were found not well founded and dismissed. | Dismissed | Disability | — |
Legal tests applied
10 references- s13 Equality Act 2010
- s39 Equality Act 2010
- s6 Equality Act 2010
- s20 Equality Act 2010
- Schedule 8, paragraph 20 Equality Act 2010
- Shammon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11
- Chief Constable of West Yorkshire Police v Khan [2001] UKHL 48
- Madarassy v Nomura International PLC [2007] ICR 867
- Hewage v Grampian Health Board [2012] UKSC 37
- EHRC Code of Practice on Employment
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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