In person For the v Respondent — 2022

The claimant, Mr Fahad Buyungo, brought claims of direct race and sex discrimination, harassment related to race, holiday pay, unauthorised deduction of wages and breach of contract against DHL Services Ltd, arising from his engagement first as an agency worker from 1 March 2021 and then as a permanent employee from 1 February 2022 until his resignation with immediate effect on 3 October 2022. The tribunal, sitting at Watford before Employment Judge Alliott with members Ms M Castro and Mr L Hoey, considered nine specific allegations of less favourable treatment together with a single harassment allegation concerning a 19 November 2021 exchange.

On the facts, the tribunal found that the various incidents either did not occur as alleged, had non-discriminatory explanations, or did not amount to less favourable treatment because of race or sex. The harassment allegation failed because the tribunal found the exchange between the claimant and a controller was not related to race. The discrimination and harassment claims were accordingly dismissed.

On holiday pay, the respondent accepted that £817.70 of accrued holiday entitlement (74 hours at £11.05) was unpaid at termination, and the tribunal granted a declaration to that effect. However, the tribunal also found that the claimant had been overpaid £911.58 in September 2022 relative to his contractual sick pay entitlement, which on the respondent's best-case calculation should have been £1,243.17 against the £2,154.75 actually paid. Setting the overpayment against the holiday pay due produced a nil monetary award. The unauthorised deduction of wages and breach of contract claims were dismissed, and the respondent's counterclaim was dismissed on withdrawal.