Mrs J Davison v The Commissioners for Her Majesty’s Revenue and Customs — 2021

The claimant brought complaints of race discrimination, race-related harassment and victimisation, and later disability discrimination claims including direct discrimination, discrimination arising from disability, failure to make reasonable adjustments and victimisation. The tribunal accepted that the claimant's grievance and tribunal proceedings were protected acts, and found that the claimant was disabled from 28 March 2018, with the respondent knowing or reasonably expected to know of the disability from that date.

On the race claims, the tribunal found that the respondent's witnesses gave credible and persuasive explanations for the management decisions and grievance handling complained of. It found that the claimant had not proved less favourable treatment because of race, that the alleged harassment either did not occur as alleged or was not related to race, and that the alleged victimisation was not because of protected acts.

On the disability claims, the tribunal found that incidents before 28 March 2018 could not establish disability discrimination on the claimant's own case as to knowledge. It found that the respondent did take steps to find the claimant an alternative role, that delays were explained by restrictions arising from a grievance upheld against the claimant and by the claimant's own limits on roles she would consider, and that the claimant had not established a relevant provision, criterion or practice placing her at substantial disadvantage. All complaints of unlawful race and disability discrimination were dismissed as not well-founded.