Case 3311453/2020 · Employment Tribunal
Mr S Godson, lay representative For the v Respondent — 2022
- Case reference
- 3311453/2020
- Decision date
- 31 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Manley Members
- Venue
- Watford
- Panel members
- Mr Bhatti, Mrs Bhatt
Parties
1 namedClaimant
Mr S Godson, lay representative For the
Respondent
- —
Key findings
Tribunal's reasoningMrs O Godson brought claims of direct race discrimination, race-related harassment, and victimisation against Dimensions (UK) Ltd. The tribunal held that several of the earlier complaints, particularly those from September 2019, were out of time, and that they did not amount to conduct extending over a period. It nevertheless went on to consider the substance of those matters in case that analysis was wrong.
On the merits, the tribunal rejected the allegation that Ms Tew had asked about the claimant's ethnic origin when they first met, rejected the suggestion that the claimant had been promised time off rota for Lead Support Worker duties, and did not accept that the induction or one-to-one material proved falsification. It found that the claimant had not shown that the invitation to a probation meeting, the response to the April 2020 complaint about another worker, the May 2020 hospital transport issue, or the email sending the contract with the wrong start date were because of race. Where mistakes or criticism occurred, the tribunal accepted the respondent's explanations and did not find race-based less favourable treatment.
For harassment, the tribunal held that the conduct relied on was not unwanted conduct related to race and, in any event, was not reasonable to regard as having the effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. For victimisation, the tribunal accepted that the claimant's letter of 17 June 2020 was a protected act, but found no detriments caused by it. It found no causal link between that protected act and the choice of investigator, the temporary move from Sampson Avenue to Chichester Court, the grievance handling, or the contents of the management report. All Equality Act 2010 claims were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal held that some allegations between September 2019 and April 2020 were out of time, though it also considered them on the merits. It found that the claimant had not shown facts from which race discrimination could be inferred and accepted the respondent's explanations for the matters that were proved. | Dismissed | Race | — |
| Harassment | The tribunal found that the complained-of conduct was not unwanted conduct related to race. Where conduct occurred, it did not have the purpose or effect required by section 26 Equality Act 2010, taking account of the claimant's perception and the other circumstances. | Dismissed | Race | — |
| Victimisation | The tribunal accepted that the claimant's letter of 17 June 2020 was a protected act, but found no detriments caused by that protected act. It rejected the suggested causal link between the protected act and the appointment of Mr Mackney, the grievance process, the temporary move to Chichester Court, and the grievance report. | Dismissed | — | — |
Legal tests applied
11 references- s.136 Equality Act 2010 burden of proof
- Igen v Wong
- Barton v Investec Henderson Crosthwaite Securities Ltd
- Madarassy v Nomura International plc
- Royal Mail Group Ltd v Efobi
- s.26 Equality Act 2010 harassment test
- Chief Constable West Yorkshire Police v Khan
- St Helens Metropolitan Borough Council v Derbyshire
- s.123 Equality Act 2010 time limit
- Commissioner of Police of the Metropolis v Hendricks
- Ma v Merck Sharp & Dohme Ltd
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.
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