Phyllis Appiah-Kubi v The Abbeyfield Society — 2021

The claimant, Phyllis Appiah-Kubi, had originally pleaded direct race discrimination and harassment, but the direct discrimination allegation was withdrawn. The tribunal considered the remaining race-based allegation in relation to the March 2020 fire drill and the later disciplinary referral. It found that there was a real fire-safety issue to be investigated, that Barbara Jones properly investigated and referred the matter for disciplinary decision by a more senior manager, and that there was nothing from which race-related inference could be drawn. It held that the referral was unwanted conduct but unrelated to race and did not create an intimidating, hostile, degrading, humiliating or offensive environment.

On the trade-union-related issues, the tribunal accepted that Mr John Neckles was prevented from fully participating in the first grievance meeting and later barred for a short period, including a temporary bar on the PTSC union, but it rejected the associated detriment and inducement claims. It found that the claimant was not placed at a significant disadvantage, that the grievance outcome remained appropriate, that the claimant's written submissions and Mr Neckles' input were before the later decision-maker, and that there was no attempt to compel her to join a different union. The tribunal found the temporary restriction was not for an unlawful union-membership purpose and no compensation was payable on those claims.

The claimant succeeded on the statutory right-to-be-accompanied complaint under sections 10 and 11 of the Employment Relations Act 1999. The tribunal found that she made a reasonable request for accompaniment, that Mr Neckles met the statutory requirements, and that the respondent did not permit him to put the claimant's case at the first grievance hearing; it also found that he was not permitted at the later hearing. Applying section 11(3), the tribunal took the claimant's pay as £1,852 per month, equivalent to £427.38 per week, noted the two-week maximum per instance, and concluded that each of the two breaches should attract one week's pay. It therefore ordered the respondent to pay £854 in total and declined any uplift under section 207A TULRCA 1992.