Mrs O Kayongo v London Underground Limited and 2 others — 2023

The claimant, a Black African woman employed by London Underground Limited, complained about the suspension of company sick pay during sickness absence. She withdrew the indirect race discrimination, indirect sex discrimination and breach of contract claims. The tribunal found that the decision to suspend sick pay was made by the second respondent, not at the instigation of or on behalf of the third respondent.

The tribunal found that the claimant had failed to comply with contractual requirements connected with company sick pay, including maintaining agreed contact while on sick leave and providing medical certificates. It found that hypothetical male and non-Black comparators in materially the same circumstances would have been treated in the same way. The tribunal also found no evidential basis beyond difference in status and treatment to shift the burden of proof, and concluded that the reason for the suspension was non-compliance with sick pay requirements, not race or sex.

On victimisation, the tribunal found that the claimant had made admitted protected acts by bringing earlier tribunal claims, but that the decision maker did not know about those protected acts. The victimisation claim was therefore dismissed. On wages, the tribunal found that most deductions were either not made when sums were not properly payable or were excepted deductions to recover earlier overpayments, but that £584.42 gross was properly payable and unauthorisedly deducted on 17 December 2022.