Ms A Okeke-Ojiudu v Caritas Anchor House — 2023

The tribunal heard evidence from the claimant and from the respondent’s witnesses, and where there was conflict it preferred the respondent’s evidence. It found that Ms A Okeke-Ojiudu was employed from February 2018, later became Head of HR, received a salary increase to £50,000, and was given support through interns, an HR administrator and the Moorepay HR service. The tribunal found that her workload was heaviest at the start of her employment when she was creating and revising policies, and that it reduced during 2019.

On the harassment allegations, the tribunal rejected the pleaded incidents, including the alleged awayday humiliation, comments about dating and a Christian website, remarks about prayer and faith, allegations that the Christian Fellowship was called a cult, and alleged insults about the claimant’s intelligence. It found that those events either did not happen as alleged or were not proved to be related to race or religion, and that the claimant had not proved facts from which harassment under section 27 Equality Act 2010 could be inferred. The tribunal also found no conduct creating an intimidating, hostile, degrading, humiliating or offensive environment for her.

On constructive unfair dismissal, the tribunal held that the respondent did not commit a repudiatory breach of the implied term of mutual trust and confidence or otherwise make it impossible for the claimant to do her job. It found that the respondent had provided assistance, that the claimant was not excluded from HR in the way alleged, and that the disputed report amendments and confidentiality issues did not amount to a breach. The tribunal found that the claimant resigned because she wanted to move on after the respondent would not create the Learning and Development team she wanted, that she offered three months’ notice, and that she began new employment on 2 June 2020. The complaint of constructive unfair dismissal therefore failed, and all complaints were dismissed.