Olufemi Ogunfuwa v London Underground Limited — 2023

The Claimant, who described himself as Black African, alleged direct race and sex discrimination arising from his suspension, the investigation and disciplinary process, the disciplinary sanction, and the dismissal of his appeal. He also alleged harassment based on the Respondent's failure to complete the disciplinary process within a reasonable time. The Tribunal found that the claims were out of time and that it was not just and equitable to extend time, noting that the Claimant had received legal advice about discrimination claims and time limits in July 2019.

The Tribunal nevertheless considered the merits. It found that the disciplinary conclusions and appeal were reasonable and evidence based. It accepted that there were serious flaws in the process, including inordinate delay, use of an offensive anonymous double-hearsay allegation, and demotion outside policy, but found no evidence that race or sex formed any part of the Respondent's decisions. It also found that the burden of proof did not pass to the Respondent.

On harassment, the Tribunal accepted that the delay was unacceptable and described it as systemic, but found it was not connected with any protected characteristic and affected disciplinary processes generally. The claims were therefore dismissed.