In person For the v Respondent — 2019

The claimant, a Black African woman, brought claims of direct race discrimination, direct discrimination on grounds of religion or belief, and harassment related to race. The tribunal found that on 27 February 2019 Hollie Lloyd told the claimant she had a 'slave mentality'. It accepted that the comment was made and that it was deeply offensive. The tribunal held that this was direct race discrimination and harassment related to race in substance.

Those findings did not lead to liability because the tribunal held that the claim was out of time. The claim form was presented on 10 January 2020 after early conciliation from 28 November 2019 to 28 December 2019, so acts before 29 August 2019 were time-barred unless part of a continuing act or subject to a just and equitable extension. The tribunal found there was no continuing act. It refused to extend time because the respondent had apologised immediately, the claimant had not asked for the matter to be dealt with formally, and at her probation review on 18 June 2019 she said she did not want to raise it formally and was fine with the outcome.

The tribunal rejected the remaining race allegations because it was not satisfied that the comments or incidents were proved as alleged, or that the treatment complained of was because of race. It also found that the claimant's probation concerns and dismissal were based on genuine performance and conduct issues, including audits, fire risk assessments, staffing, communication, and the safeguarding incident involving a resident who had not been found for three days. The religion or belief claim failed because the tribunal was not satisfied that the respondent knew the claimant was Christian, required her to work Sundays, or refused her time off to attend church.