In person and, on request, in his absence For the v Respondent — 2023

The claimant, Mr Tyrone Bahar, brought claims arising from his dismissal by Royal Berkshire Fire Authority in 2021 after a disciplinary process following his guilty plea to firearms and other offences. He alleged unfair dismissal, race discrimination, harassment, and disability discrimination. The tribunal identified issues on limitation, unfair dismissal, direct race discrimination, harassment related to race or disability, direct disability discrimination, and a section 15 EqA disability-related complaint.

On limitation, the tribunal held that complaints about matters before 28 April 2021 were potentially out of time. It found that the harassment and race/disability discrimination complaints, other than those connected with the dismissal, were not brought within the three-month time limit in section 123 Equality Act 2010, and it refused to extend time because it was not just and equitable to do so. The dismissal-related race and disability complaints were in time.

On race, the tribunal found that the claimant had not proved on the balance of probabilities that the historic incidents he relied on occurred, including racist abuse, racist material in his locker, being assaulted on a night out, and being overlooked for promotion or courses. In relation to the dismissal, it found no primary facts from which racial discrimination could properly be inferred and accepted the respondent's explanation for the disciplinary process and dismissal. The harassment claim also failed because the alleged conduct was not proved, was largely out of time, and was not treated as a continuing act.

On disability, the tribunal found that the claimant had a disability only from 28 November 2019, and that it was limited to mental health issues including depression, anxiety and PTSD, not autism or hoarding disorder. It rejected direct disability discrimination because it found no primary facts showing that the dismissal proceedings were because of disability. It also rejected the section 15 EqA complaint, finding that the dismissal was not caused by disability and that the claimant's mental health had been taken into account in the disciplinary process.

On unfair dismissal, the tribunal held that the reason for dismissal was conduct, namely the claimant's arrest and conviction for firearms and drugs offences and his failure to notify the respondent. It found that the respondent had a genuine belief in that reason, had reasonable grounds following a reasonable investigation, and acted within the range of reasonable responses. It therefore dismissed all claims and recorded that no remedy arose.