Mrs A Jenkins-Hurrell v The Campion School and 2 others — 2020

At a preliminary hearing on 15 April 2019, the tribunal dismissed the claimant's holiday pay, unlawful deduction from wages, 'other payments' and public interest disclosure detriment complaints. At a further preliminary hearing on 14 August 2019, direct race discrimination was struck out as out of time, and indirect race discrimination and victimisation were struck out as having no reasonable prospects of success. The remaining issues for the final hearing were harassment related to race and constructive dismissal.

On the harassment allegation concerning Mr Paul Day's 'voodoo' comment, the tribunal found that the comment was made, was related to race, and was unwanted, offensive and degrading. However, the complaint was brought about 12 months out of time and the tribunal did not consider it just and equitable to extend time under s123(1) EqA, so the claim did not proceed to remedy. The tribunal also ordered refund of the £100 deposit because the claimant had not acted unreasonably in pursuing her harassment complaints.

The other harassment allegations failed. The tribunal accepted that the claimant had been late on 10 April 2018, so the allegation that she was wrongly accused of lateness did not amount to harassment. It also found that on 11 April 2018 the second respondent had reasonable grounds to investigate whether the claimant had attended at 6.00am and did not accept that she had been singled out.

Constructive dismissal was upheld under s95(1)(c) ERA 1996. The tribunal found that Mr Williams's conduct at the 15 May 2018 grievance meeting became hostile and intimidating towards the claimant's supporter, that the subsequent investigation by Ms Peters was fundamentally unfair because the claimant was not given the evidence relied on or a proper chance to answer it, and that the appeal process was similarly flawed. Taken together with the earlier harassment finding, that amounted to a fundamental breach of the implied term of mutual trust and confidence, and the claimant resigned on 14 November 2018 within a reasonable time. The case was listed for a remedy hearing and no compensation was quantified in this judgment.