Mr N Nyatsambo v ATOS IT Services UK Limited — 2021

The tribunal found that Mr Nyatsambo, a Black African employee originally from Zimbabwe, had been identified by Atos as a CIP Outlier because his PIP assessment award rate was below the national average. Atos then required further observations, proposed peer observation, and asked him to revisit training modules. The tribunal accepted that these steps arose from the CIP process and were not formal performance management under Atos' policy.

On the direct race discrimination claim, the tribunal found no evidence that Mr Nyatsambo was treated less favourably than a hypothetical white comparator who was also classified as a CIP Outlier. It found that the data used to classify him as an outlier was quantitative and that he had not provided evidence showing that race or unconscious racial bias was the reason for the treatment.

On the constructive discriminatory dismissal claim, the tribunal found that the matters relied on did not amount individually or cumulatively to a breach of the implied term of trust and confidence. It found that Atos had reasonable and proper cause to respond to the CIP Outlier status, that the process was implemented supportively and proportionately, and that there was no constructive dismissal. The tribunal separately ordered Mr Nyatsambo to pay £5,976 towards Atos' restricted costs after applying a 60% discount.