Mr A Tejan-Kella v GXO Logistics UK Limited and 1 other — 2025

The tribunal dismissed all complaints against GXO Logistics UK Limited and Tesco Plc. Mr Tejan-Kella, a black man of Sierra Leonean origin and a Muslim, worked as a Team Manager at GXO's Dagenham Distribution Centre from 7 November 2022 to 3 July 2023. The tribunal considered direct race and religion discrimination, racial harassment, victimisation, protected disclosure detriment, discriminatory constructive dismissal and wrongful dismissal. His length of service prevented an ordinary constructive unfair dismissal claim.

The race discrimination and racial harassment allegations concerning GXO's management and investigations failed. The tribunal rejected several factual allegations and accepted explanations unrelated to race for the treatment established. Mr Collins raised the claimant's previous proceedings against Amazon to alert him to colleagues' attempts to undermine him, rather than to criticise him for bringing those proceedings. GXO was entitled to investigate complaints about the claimant, and the earlier investigations ended without further action. The failure to send their outcome letter promptly was an oversight. The proposed comparator, Richard Ley, was not shown to be in materially comparable circumstances for the relevant allegations.

The religion discrimination complaints concerned a telephone call from Mr Collins and an email from Ms Langford on 21 April 2023, when the claimant was celebrating Eid Mubarak. Neither knew that the date was Eid. The communications were intended to notify him of forthcoming meetings, and his religion played no part in their timing. The tribunal accepted that his report on 19 April 2023 of alleged theft of Tesco food waste was a protected disclosure. He reasonably believed it showed a criminal offence and was in the public interest, given the possible wider implications for GXO's contract with Tesco. However, the telephone call two days later had nothing to do with that disclosure, so the detriment complaint failed.

The claimant's earlier discrimination proceedings against Amazon and his grievances of 25 April and 19 June 2023 were protected acts. His communication on 18 April was not, because he had not then alleged discrimination. The tribunal found no causal link between protected acts and the treatment complained of. Suspension followed a collective grievance from twelve colleagues. Mr Collins remained the claimant's line manager and was entitled to communicate the suspension, although Mr Hutchinson's earlier wording had led the claimant to believe communications would come from him instead.

The racial harassment complaints arising from events on 26 May 2023 also failed. The claimant attended work despite suspension. Mr Collins and security worker Mr Cotafana stood in his way, but did not physically prevent entry beyond blocking his path; the claimant pushed past them. Staff left of their own accord. Mr Cotafana sought to de-escalate the situation, and Tesco manager Mr Butler attended because of its potential effect on Tesco's operations. Their conduct had neither the prohibited purpose nor effect required for harassment and was not related to race.