Mr Z Bekele v Syniverse Technologies Solutions Limited — 2024

The claimant, Mr Z Bekele, who identifies as Black, was employed by Syniverse Technologies Solutions Limited as a Customer Service Supervisor from 20 June 2011 until his dismissal by reason of redundancy on 1 October 2020. He brought claims of unfair dismissal, age discrimination, direct race discrimination and harassment related to race. The age discrimination claim was withdrawn at a preliminary hearing on 29 October 2021, and the unfair dismissal and harassment claims were struck out on 24 August 2022 as out of time. The Tribunal therefore determined only five allegations of direct race discrimination contrary to section 13 of the Equality Act 2010.

The Tribunal, sitting as Employment Judge S Shore with Mrs G Forrest and Mr D Clay, unanimously dismissed all five direct race discrimination claims. It found that the claimant had not proved facts from which, if unexplained, it could conclude that the conduct complained of was because of race, so the burden of proof did not shift to the respondent under section 136 of the Equality Act 2010. The Tribunal found that the redundancy decision was made by Ms Emma Blatch for the reasons set out in her evidence, that Mr Sbeih did not influence that decision, that the respondent followed a reasonable redundancy process, and that Mr Bryan Thomas conducted a thorough and detailed appeal investigation.

The Tribunal added that, even if the burden of proof had shifted, it would have found the acts complained of were not because of race, relying on the evidence of Ms Blatch and Mr Thomas and the supporting contemporaneous documents. It noted that the claimant had not raised a formal grievance about the alleged discriminatory behaviour during his employment despite being advised that he could. As all claims were dismissed, no remedy hearing was required.