In person For the v Respondent — 2021

The claimant brought a victimisation claim under s.27 of the Equality Act 2010. The tribunal accepted that the relevant protected acts were his grievance of 19 August 2019, in which he alleged sex discrimination, and his first Employment Tribunal claim presented on 19 December 2019. The alleged detriments were the respondent’s decision on 6 March 2020 in relation to the first grievance appeal and its initial decision on the second grievance, and the later appeal outcome dated 30 April 2020.

The tribunal reviewed the investigation and grievance process in detail and found it to be thorough. It recorded that the respondent interviewed five witnesses, gave the claimant opportunities to comment, and produced reasoned outcome letters. The first grievance outcome on 18 October 2019 was described as mostly rejecting the complaints, but also making some positive suggestions, including clarifying reporting lines, recommending training, referring the claimant to occupational health, and exploring work on the Cassio account.

On the evidence, the tribunal found that Mr Morris, Mr Coates and Mr Carter were motivated by genuine and proper consideration of the complaints, not by the claimant having raised a grievance or brought tribunal proceedings. It held that there were no primary facts from which to infer that the treatment was because of a protected act, and therefore the burden under s.136 of the Equality Act 2010 did not shift to the respondent. The claim was dismissed in full and no monetary award was made.