Mr David Jones For the v Mr Alex Francis — 2021

The claimant worked for the respondent as a transport administrator from around October 2017 until dismissal with effect from 15 March 2019. He claimed that, as a white British worker, he had been subjected to race-related harassment and direct discrimination through workplace comments and that his dismissal was also discriminatory. The tribunal found the evidence on both sides limited in places, but it accepted that comments were made by various employees and that the respondent had not produced all of the witness and HR evidence that might have been expected.

On the harassment claim, the tribunal found that comments alleged in the proceedings were made, including by reasonably senior employees, and that the comments combined over time created an adverse environment related to race. It held that the conduct was unwanted and, taking account of the context, was serious enough to create a hostile and/or intimidating environment. The tribunal also accepted that the claimant perceived the conduct as having that effect and that it was reasonable to regard it as harassment. Time was extended on a just and equitable basis because the harassment formed part of the same overall ET1, the last act was only about a month out of time, and the respondent was not disadvantaged.

The direct discrimination claim succeeded only in relation to the workplace comments. The tribunal found those comments amounted to less favourable treatment by reason of race, but it rejected the allegation that the dismissal itself was an act of race discrimination. On dismissal, the tribunal accepted that some issues had been raised with the claimant about performance, sickness absence and timekeeping, and it found the evidence about the dismissal confusing and incomplete. It concluded that the claimant had not proved facts from which race discrimination in the dismissal could be inferred.

The tribunal also found that the claimant had not been provided with written particulars of employment. It awarded £2,500 for injury to feelings at the lower end of the low Vento band in respect of the race discrimination and harassment findings, and £961.74, described as two weeks gross pay, for the written particulars issue. The tribunal made a declaration that the claimant had suffered unlawful race discrimination and harassment in the course of his employment in the form of discriminatory comments, and the total award was £3,461.74.