Mr D Kaggwa v Telent Technology Services Limited — 2024

The claimant, a Systems Engineer, alleged direct race discrimination and racial harassment arising from work allocation, investigation and absence processes, commissioning work, training, grievance handling and a return-to-work meeting. The tribunal accepted that the claimant identified as black, but found that the respondent had a proper distinction between preventative and corrective maintenance teams and that the claimant's predominant periodic inspection work followed from his team allocation.

The tribunal found that some events occurred, including Mr Lincoln's derogatory and disparaging comments during the failed commissioning work, the claimant's removal from future commissioning assignments, and shortcomings in the subsequent meeting. However, stepping back from the individual allegations, it found no material from which it could conclude that the claimant's treatment was because of, or related to, race, and dismissed the discrimination claims.

For constructive unfair dismissal, the tribunal found earlier conduct amounting to a fundamental breach of the duty of trust and confidence, namely Mr Lincoln's conduct on the commissioning day taken alone or with the respondent's mediation meeting. It held that the claimant waived or affirmed that breach by remaining employed for about eight or nine months, and that the later return-to-work meeting was not a breach or last straw, so the resignation did not amount to constructive dismissal.