Case 3202272/2018 · Employment Tribunal
Mr M. Ahmet v London Borough of Tower Hamlets — 2018
- Case reference
- 3202272/2018
- Decision date
- 22 August 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Massarella Members
- Venue
- East London Hearing Centre
- Panel members
- Mr G. Tomey, Mr D. Ross
Parties
2 namedClaimant
Mr M. Ahmet
Respondent
Key findings
Tribunal's reasoningThe Claimant, who is of Turkish national origin and Muslim, brought claims of direct race and religious discrimination, harassment related to race and religion, victimisation, and unauthorised deduction from wages. The wages claim was withdrawn. The Tribunal extended time for earlier discrimination allegations where necessary, but dismissed the discrimination and victimisation claims on their merits.
The Tribunal found that the January 2018 road incident reported by Mr Galinis had occurred and that the information later provided by Mr Clark was not false. It found that the decision to investigate and to move the Claimant from his substantive post during the investigation was taken because the allegation was regarded as potentially serious and because management wished to avoid contact with witnesses while keeping the Claimant at work rather than suspending him. It found no evidence that those decisions were materially influenced by race or religion.
The Tribunal accepted that aspects of the Respondent's handling of the matter were poor, including delay in resolving the disciplinary process and inadequate support during sickness absence. However, it found that those failings were caused by indecision, confusion about management responsibility, or organisational handling, not by the Claimant's race or religion. It also found that the alleged detriments concerning return to the substantive post did not occur: the Respondent was trying to facilitate his return, while the Claimant made return conditional on the suspension of two colleagues.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The unauthorised deduction from wages claim was dismissed on withdrawal. | Withdrawn | — | — |
| Race discrimination | Direct race discrimination claim based on Turkish national origin was not well-founded and dismissed. | Dismissed | Race | — |
| Religion or belief discrimination | Direct religious discrimination claim based on the Claimant being Muslim was not well-founded and dismissed. | Dismissed | Religion or belief | — |
| Harassment | Harassment related to race was not well-founded and dismissed. | Dismissed | Race | — |
| Harassment | Harassment related to religion was not well-founded and dismissed. | Dismissed | Religion or belief | — |
| Victimisation | Victimisation claim relying on the August 2018 CHAD grievance as the protected act was dismissed. | Dismissed | — | — |
Legal tests applied
21 references- Selkent principles
- s.123 Equality Act 2010
- conduct extending over a period
- Hendricks v Commissioner of Police of the Metropolis
- just and equitable extension of time
- Abertawe Bro Morgannwg University Local Health Board v Morgan
- s.136 Equality Act 2010 burden of proof
- Base Childrenswear Ltd v Otshudi
- Madarassy burden of proof guidance
- Anya v University of Oxford
- s.26 Equality Act 2010 harassment
- Unite the Union v Nailard
- Land Registry v Grant
- s.13 Equality Act 2010 direct discrimination
- reason why test
- Martin v Devonshires Solicitors
- Reynolds v CLFIS (UK) Ltd composite approach
- Nagarajan v London Regional Transport
- Shamoon v Chief Constable of the Royal Ulster Constabulary
- s.27 Equality Act 2010 victimisation
- West Yorkshire Police v Khan
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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