Mr Festus Olatoye v The Khalsa Academies Trust Limited — 2022

The Claimant, a maths teacher employed by the Respondent at its Atam Academy from 31 August 2021 until his dismissal on 8 February 2022, brought complaints of direct race discrimination, victimisation, breach of contract and wrongful dismissal. The final hearing was conducted over five and a half days by video before Employment Judge Povey sitting with two lay members. The Tribunal heard evidence from the Claimant and from eight witnesses for the Respondent, and considered a paginated bundle including the Grievance and Probation Policies that were said to be incorporated into the Claimant's contract.

The Tribunal held that the direct race discrimination and victimisation complaints relating to events before 17 January 2022 had been presented out of time, and that it was not just and equitable to extend time, so the Tribunal had no jurisdiction over them. The remaining discrimination and victimisation complaints were considered on their merits and were not made out. The breach of contract complaints, which turned on the application of the Grievance and Probation Policies in force at the relevant time, were also not made out, and the wrongful dismissal complaint was dismissed.

All complaints were accordingly dismissed and no remedy was awarded. The monetary figures appearing in the judgment relate to contextual matters such as the £550 cost of returnable equipment referenced in correspondence to the Claimant, rather than to any award made by the Tribunal.