Ms A Simmonds v Close Brothers Vehicle Hire Limited — 2023

The claimant brought claims of direct race discrimination, relying on her race described in the issues as Black Jamaican-British. The allegations concerned comments said to have been made by Emma Motlib, treatment during the claimant's apprenticeship placement, the absence of a contract of work, and the respondent's handling of the claimant's complaint.

The tribunal preferred the respondent's evidence where accounts conflicted and found, across the allegations, that the claimant had not proved facts from which it could decide that there was direct race discrimination. In several instances it also found that, even if the burden of proof had shifted, the respondent had shown the matters complained of were not because of race.

The tribunal noted that aspects of the complaint-handling process could have been improved, but found insufficient evidence that any faults in that process were less favourable treatment because of race. All direct race discrimination claims were dismissed.