Case 3311374/2023 · Employment Tribunal
Ms A Muka v Barclays Bank UK plc — 2025
- Case reference
- 3311374/2023
- Decision date
- 21 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gumbiti-Zimuto Members
- Venue
- Reading
- Panel members
- Mr P Hough, Ms HT Edwards
Parties
2 namedClaimant
Ms A Muka
Respondent
Key findings
Tribunal's reasoningThe claimant brought complaints of direct sex discrimination, indirect sex discrimination, harassment related to sex, and victimisation. The Tribunal found that the respondent had genuine concerns about the claimant's performance, including concerns originally raised by her line manager and later considered by other managers. It was not satisfied that the claimant had been told that if she resigned her warning would be overturned, or that managers told her many times to resign if she could not handle the change.
For the direct discrimination and harassment allegations, the Tribunal found that the claimant had not shown less favourable treatment because of sex, and that the conduct relied on was not harassment related to sex. It accepted that the claimant was taken by surprise by the 26 June 2023 meeting and had no opportunity to prepare, but found that the meeting arose from genuine performance concerns and was not related to sex. It also found that the claimant was not selected for in-branch roles because of the Project Compass scoring process and, for the Hammersmith role, because of branch management concerns and the selection of another woman.
For indirect discrimination, the Tribunal found that the claimant was required to work a changing shift pattern but was not required to work from home, although the role could not be fully carried out without some home working. It found that the evidence showed the claimant's specific circumstances but did not establish group disadvantage for women. For victimisation, the Tribunal found that the appeal did not refer to discrimination and that, even if there had been a protected act, there was no evidence that it was the reason for the later treatment alleged.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Direct sex discrimination complaints were found not well founded and dismissed. | Dismissed | Sex | — |
| Sex discrimination | Indirect sex discrimination complaint based on a requirement to work from home on a changing shift pattern was found not well founded and dismissed. | Dismissed | Sex | — |
| Harassment | Harassment related to sex complaints were found not well founded and dismissed. | Dismissed | Sex | — |
| Victimisation | The Tribunal found the claimant had not shown a protected act and, in any event, no evidence that any protected act caused the alleged detriments. | Dismissed | — | — |
Legal tests applied
7 references- Section 13 Equality Act 2010
- Section 19 Equality Act 2010
- Section 26 Equality Act 2010
- Section 27 Equality Act 2010
- childcare disparity
- Dobson v North Cumbria Integrated Care NHS Trust
- HM Chief Inspector of Education, Children's Services and Skills v Interim Executive Board of Al-Hijrah School
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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