In Person For the v Respondent — 2023

The claim proceeded solely as a direct race discrimination claim under s.13 and s.41 Equality Act 2010 after the claimant confirmed she was not pursuing a separate harassment case. The dispute arose from the night shift of 9/10 December 2021 at Winchcombe Place, where the claimant, who was working as a contract worker, had an altercation with the Team Leader and Ms Boyd about the air conditioning and then about what she said was discriminatory treatment.

The tribunal rejected the alleged racial remarks in list of issues 7.2.1 to 7.2.4. It found the claimant had not proved that the Team Leader said she was "always cold because of the colour of your skin", that Ms Boyd said "she doesn't belong here", or that the Team Leader said "you're not one of us, you don't belong here" or "black bitch". The tribunal found the claimant had quickly accused the Team Leader of discrimination during the argument and that his reference to her leaving did not carry the racial connotation alleged.

The tribunal accepted that Ms Boyd used intemperate language at stage 4, including "we don't need you here" and "why don't you leave here, you're useless to us, you have a bad attitude", but held that this was caused by irritation arising from the earlier confrontation rather than race. It also rejected the allegation that the later handling of the claimant's grievance was discriminatory, finding the delay was explained by the home manager's illness, Ms Jamieson's bereavement, Covid-related disruption, and the respondent's non-discriminatory handling of the complaint. The claim was dismissed and no remedy was awarded.