Ms F Alexandre v Openreach Ltd — 2022

The claimant brought complaints of direct race discrimination, harassment related to race and victimisation. The Tribunal held that it had no jurisdiction to consider the salary complaint because it was out of time and did not form part of a continuing act; it also stated that, if it had jurisdiction, it would have found the salary complaint not well founded. The direct race discrimination complaint about being put on an informal coaching plan was dismissed because, although the burden shifted, the Tribunal accepted the respondent's explanation that the plan was suggested because of concerns about performance and management structure, not because of race.

The harassment complaints succeeded. The Tribunal found that Craig Warner made a comment linking the absence of top-level black swimmers to class, and that the comment was related to race, unwanted, and had the effect of violating the claimant's dignity. It also found that he made a joke about the claimant being deported while her visa application was ongoing; the Tribunal found this was related to race through the claimant's US nationality and had the requisite effect for harassment, although it did not find an intention to cause offence.

The victimisation complaint was dismissed. The Tribunal accepted that the grievance was a protected act and that the reduction to half pay was a detriment, but found the reason for the reduction was the respondent's sickness absence policy and the respondent's view that the case was not an exceptional work-related injury case. Remedy for the upheld harassment complaints was left to a separate remedy hearing.