Mr M Akbar v Virtus Law Ltd — 2021

The tribunal heard seven live claims from the claimant's schedule; claims 3, 4 and 10 were treated as narrative only and not separate claims. The claimant insisted that the case be considered under section 13 of the Equality Act 2010, alleging direct discrimination on the grounds of race and religion. The tribunal therefore asked whether each allegation involved less favourable treatment and, if so, whether the reason was race or religion.

Claims 1, 2 and 5 were all dismissed. The tribunal accepted that the relevant comments were made, but found that they arose in the context of general office discussion among several staff members, not as comments directed only to the claimant. On that basis there was no less favourable treatment, and the tribunal was not satisfied that the comments were made because of race or religion. Claim 6, the allegation that Mr Morley stole the claimant's car keys, was rejected because there was no evidence to support it.

Claim 8, the alleged comment that "Sean is always in the right", also failed. The tribunal could not link it to the Korean remark on which the claimant relied, and found no evidence that it amounted to less favourable treatment or was motivated by either protected characteristic. Claim 9, the WhatsApp image sent by the owner, was dismissed because it was sent to all employees, was not directed at the claimant, and was not found to be motivated by race or religion.

Claim 7 succeeded in part. The tribunal accepted the claimant's account that Mr Morley made the Korean comment at the time of the award presentation and found, on the evidence as a whole, that it was said to the claimant alone. It concluded that the reason was the claimant's Pakistani heritage, so the race complaint succeeded, but the religion element did not. The tribunal awarded £1,000 for injury to feelings and interest of £155 from 19 November 2019 to 27 October 2021 at 8%, making a total award of £1,155.