In person (with the assistance of an interpreter when necessary) For the v Ms Jade Letts (Tribunal Advocate) — 2022

The claimants, Romanian carers employed in September 2020, brought a single claim of direct race discrimination under section 13 of the Equality Act 2010. The tribunal identified the comparator issue under section 23 and applied the two-stage burden of proof approach from Igen Ltd v Wong. It accepted that the relevant comparator was a British carer who had to relocate to the area.

The tribunal rejected the claimants' allegations that they had been given inadequate interview information, warned insufficiently about staffing ratios, or treated less favourably in relation to accommodation. It found that the interview covered accommodation, pay, holidays and related matters; that staffing on the relevant dates met the respondent's requirements; and that the temporary lodge accommodation, although not to the claimants' liking and lacking privacy, was provided on the same basis as it would have been to a British comparator.

It also rejected the allegations about assistance with private accommodation, restrictions during an open day, quarantine, training, moving and handling, and help with bank accounts and National Insurance numbers. The tribunal found that the respondent did seek to assist with alternative accommodation in the Witney area, that any restriction on residents during the open day would have applied equally to a British comparator, that the training and shadowing arrangements were adequate, and that any shortcomings arose from pressure in the care environment rather than race.

The tribunal further found that the claimant's 23 November 2020 grievance ended with an unequivocal resignation, so the effective date of termination was 23 November 2020. It did not determine the time point issue because the discrimination claim failed on the merits. The claim was dismissed in full, and no remedy was awarded.