Ms Loutfi, Counsel For the v Respondent — 2024

Mr Rahman was a long-serving employee at Stonebridge Depot and had acted up as a Supervisor for many years. The tribunal found that Mr Gordon took over at Stonebridge in December 2020, that Mr Rahman failed in his September 2021 application for the substantive Supervisor role, and that relations then deteriorated. It rejected most of Mr Rahman’s allegations of racist or religiously discriminatory language and conduct, including the alleged 'muzzies' remarks, the alleged roster targeting, and the alleged exclusion from meetings or social events, and found that several matters were either withdrawn or arose for operational reasons such as mileage-book checks, vehicle management, access controls and competency review.

The tribunal accepted that the 17 January 2022 recorded exchange between Mr Gordon and Mr Rahman was inappropriate in tone and could amount to a detriment, but it found that Mr Gordon was reacting to being accused of racism behind his back and that the exchange was not because of race or religion. It also found that Mr Gordon did not use the racist or religiously abusive language alleged, and that where Mr Gordon challenged Mr Rahman about the key and mileage-book issues he did so for reasons connected with those operational matters and his view that Mr Rahman was being difficult or obstructive after losing the acting-up role.

The tribunal held that Mr Rahman’s suspension on 22 June 2022 was based on the Parker investigation and the allegations that had emerged there, not on race, religion or grievance-making. For victimisation, it found that Mr Rahman’s March 2022 grievance and his 17 May 2022 grievance meeting were protected acts, but the suspension, continuation of suspension, delay in grievance handling and appointment of investigators were not because of those acts. For whistleblowing, it found that Mr Rahman’s September 2021 Covid-19 health and safety concerns were a protected disclosure, but the alleged detriments were not caused by that disclosure; the early July 2021 and 21 November 2021 allegations were rejected as protected disclosures. All claims were dismissed and no compensation was awarded.