Ms E Donaldson-Ellison v Parkcare Homes (No.2) Limited — 2021

Ms E Donaldson-Ellison worked for Parkcare Homes Ltd from 3 April 2017 to 17 August 2018. She alleged race and age discrimination, harassment, unlawful deductions from wages, breach of contract, and the respondent's overpayment counterclaim. The tribunal found that the respondent's pay and expense handling was 'shambolic' and amounted to administrative incompetence, but it did not find that the failures were because of race or age.

On the discrimination and harassment claims, the tribunal accepted several factual incidents, including denial of IT access at Bristol training on 30 May 2017, Ms Allton's remark in July 2017 that she was under the impression the claimant had taken a less demanding role at the end of her career, the November 2017 comment that one had to be white and middle class to succeed in the Priory, and Mrs Wilson's use of the phrase 'jungle drums'. It nevertheless dismissed the race and age claims overall. For the key race allegations about IT access, the salary promise, being passed over for Rose Lodge and Addison Court, and the missed appraisal due by 31 March 2018, the tribunal considered burden of proof and time-limit issues together; the majority held that the burden had not shifted on those matters, and that if it had the claims were out of time and it would not have been just and equitable to extend time.

The harassment claims also failed. The tribunal found that the 'jungle drums' remark was unwanted and offensive, but not unlawful harassment in context, and it treated other comments and instructions as either unrelated to race or age or not enough to meet the statutory test. It also rejected the age complaints about patronising treatment and comments about the claimant's career stage.

The unlawful deduction from wages claim succeeded in part. The tribunal found that four bonus payments of £750 gross were unpaid, that a 1.5% pay increase for July and August 2018 was not applied, and that accrued holiday pay of £1,416.02 was due. The final week salary element failed because the claimant had already been paid £2,813.27 against £1,010.75 due. Separately, the tribunal awarded £592.42 for unpaid expenses, including £478.80 for airport mileage and £113.62 for other expenses, and dismissed the respondent's counterclaim, which had been reduced during the hearing to £916.21 net. It noted that if the case had been pleaded as constructive dismissal, it would have found a fundamental breach from the pay failures, but that did not alter the discrimination findings.