Case 2306219/2020 · Employment Tribunal
Mr. O Osomo v London Borough of Lambeth — 2020
- Case reference
- 2306219/2020
- Decision date
- 10 June 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mclaren Members
- Panel members
- Mr. R Singh, Ms. F Whiting
Parties
2 namedClaimant
Mr. O Osomo
Respondent
Key findings
Tribunal's reasoningThe tribunal accepted jurisdiction and gave the claimant the benefit of the doubt on limitation, concluding it could hear all complaints. It then considered the pleaded allegations of direct sex discrimination and harassment.
On the facts, the tribunal found the claimant had been recognised in the same way as other team members and rejected his contention that others were celebrated while he was not. It also found the alleged July 2020 comment about mothers taking children to hospital was not made. In relation to the end of the agency engagement, the tribunal accepted the respondent's evidence that there were genuine performance and attitude concerns, that Mr Oloyede told the claimant the secondee was returning because he wanted to give a more positive explanation, and that HR was not involved in a cover-up.
The tribunal further found that the later withdrawal of the proposed role in the income maximisation team was not caused by anything said by Mr Oloyede or Ms Siddique. It accepted Mr Rexha's evidence that he withdrew the role because he chose another candidate whose skills he already knew. As the factual matters relied on for discrimination and harassment were not made out, both claims were dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | The direct sex discrimination claim covered five alleged acts listed at issue 2.1.1 to 2.1.5. The tribunal found the alleged acts did not occur or did not amount to different treatment as alleged. | Dismissed | Sex | — |
| Harassment | The harassment claim relied on the same alleged comment as issue 2.1.2. The tribunal found the comment was not made. | Dismissed | Sex | — |
Legal tests applied
17 references- s.123 Equality Act 2010
- Robertson v Bexley Community Centre t/a Leisure Link
- British Coal v Keeble
- Southwark London Borough Council v Afolabi
- Abertawe Bro Morgannwg University Local Health Board v Morgan
- Adedeji v University Hospitals Birmingham NHS Foundation
- s.26 Equality Act 2010
- Richmond Pharmacology v Dhaliwal
- Tees Esk and Wear Valleys NHS Foundation Trust v Aslam
- s.13 Equality Act 2010
- Shamoon v Chief Constable of the Royal Ulster Constabulary
- Igen v Wong
- Barton v Investec Henderson Crosthwaite Securities Ltd
- Glasgow City Council v Zafar
- Royal Mail Group Ltd v Efobi
- Nagarajan v London Regional Transport
- Madarassy v Nomura International
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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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