Mr J M Akpodiete v Continuum Support Care Services Ltd — 2024

The claimant brought a direct race discrimination claim concerning his suspension in August 2022, the investigation into alleged misconduct, the finding that he had committed gross misconduct, the rejection of his appeal, and references provided to prospective employers. The Tribunal also dismissed the respondent's preliminary application to strike out the claim and refused applications to adjourn the final hearing.

The Tribunal found that the claimant had not proved facts from which it could conclude that he was treated less favourably than someone in the same material circumstances of a different race was or would have been treated. It concluded that the burden of proof under section 136 of the Equality Act 2010 did not shift to the respondent, and dismissed the claim.

The Tribunal added that, even if the burden had shifted, it would have found that the respondent's decisions were due to the claimant's breach of company policy and failure to obey a direct management instruction, and that references were provided because of obligations relating to registered managers of care homes.