Ms A Safjanowska v Elior UK plc — 2018

The tribunal dismissed the claimant's claims for race, sex and disability discrimination. It found that many of the matters complained of, including changed hours, overtime requests, kitchen tasks, deliveries, PPE and clothing arrangements, food, absence management and grievance handling, were explained by operational reasons or did not show less favourable treatment because of race or sex.

The tribunal did find that Lee Edmondson made comments referring to Polish drugs or alcohol, consistent with the respondent's partial grievance outcome. However, it found no evidence that he swore at the claimant in Polish. The tribunal accepted the respondent's defence under section 109 of the Equality Act, concluding that it had taken all reasonable steps to prevent discriminatory conduct through its diversity training and workplace procedures.

On victimisation, the tribunal found that the claimant had not made the oral complaints relied on as protected acts before the alleged detriments, so those claims failed. On disability discrimination, the only live issue was an alleged failure to make reasonable adjustments concerning support at the grievance appeal; the tribunal found the respondent had made reasonable adjustments by allowing the claimant's representative to accompany her and communicate directly with the respondent, and the appeal meeting itself did not proceed because of the claimant's ill health.