Mr N. Didi v London Underground Limited — 2020

The Claimant, an area manager and Unite representative, brought claims of trade union detriment, harassment related to race, and victimisation. The Tribunal found that his 2 October 2018 email about being the only non-white representative affected by the operational licence issue was a protected act, although the allegation was false; it was not made in bad faith. It found that his January 2020 use of the word 'Coolie' and later conversation with Ms Lofthouse did not amount to protected acts because he had not made an allegation of race discrimination in those matters.

The Tribunal rejected the claims concerning performance ratings, working from home, handling of Covid-related concerns, and the suggestion that he reduce LUCC involvement. It found that the 2018/19 rating reflected Ms Lofthouse's genuinely held view that he met but did not exceed expectations, and that the 2019/20 rating reflected a default approach for employees absent from their substantive role. It also found that Ms Lofthouse did not refuse a request to work from home, responded promptly to Covid-related queries, and suggested reducing LUCC involvement only as one possible way to reduce pressure on the Claimant.

The Tribunal held that the in-time or arguably in-time claims were not well-founded. It declined jurisdiction over the earlier trade union detriment claims because they were out of time and reasonably practicable to present in time, and over the earlier victimisation and harassment claims because they were out of time and it was not just and equitable to extend time. No compensation or other remedy was awarded.