Mr C Supiya v Department for Work and Pensions [First Respondent] Ms P Mulligan [Second Respondent] Mr M Lumsden [Third Respondent] Mr G Walia [Fourth Respondent] Ms G Lander [Fifth Respondent] Heard: East London Hearing Centre (remotely by video) — 2024

The claimant had been employed by the DWP since 2017 and, at the material time, was a PCS trade union representative with health and safety duties. The tribunal accepted that he was disabled by diabetic retinopathy and glaucoma. The claims arose from a 2021 referral process that began after Ms Mulligan saw the claimant's name in Employment Tribunal papers for Mr Mahl, checked public sources, and raised concerns about the claimant's apparent private work and YouTube and Facebook activity. Those concerns were passed to Mr Lumsden, who referred the matter to the Government Internal Audit Agency, and Gaye Lander then conducted an investigatory interview on 4 June 2021.

On the disability harassment allegations, the tribunal found that the claimant had asked for material in a larger font, but it rejected the suggestion that Ms Lander mocked his vision impairment, ignored a known disability, or that the transcript had been altered to conceal a comment about being asked to ask questions. It found the meeting documents had been shared electronically, that the claimant could enlarge them on screen, and that the evidence did not show unwanted conduct related to disability. The tribunal also rejected the direct race discrimination claim, saying the claimant's evidence on race was slight and did not show facts from which race discrimination could be inferred. It found the transcript did not support the assertion that Ms Lander shouted, constantly interrupted, or spoke in a dismissive or condescending manner because of race.