In person. For the v Respondent — 2017

Mrs J Belin-Roux worked for B&Q plc as a home fit co-ordinator from 17 July 2017 until she resigned on 26 June 2018. She brought Equality Act claims for race and sexual orientation, including direct discrimination, harassment and victimisation. The tribunal noted that the claim was issued on 24 June 2018 and that allegations before 24 January 2018 were out of time unless they formed part of a continuing act or it was just and equitable to extend time.

The tribunal found no evidence that the claimant was treated less favourably because she was French or a lesbian. It accepted that her desk position was altered when she raised it, that French keyboard settings were allowed, and that there was no reproach over the keyboard change. It also rejected the suggestion that colleagues mocked her nationality or sexuality, including the references to 'pain au chocolat' and 'toodles'.

The Christmas party incident with Mr Piper was treated as a single out-of-time event, and the tribunal refused to extend time. It found that Mr Piper was not an employee or agent of the respondent, that the claimant had asked for the matter to be dealt with informally, and that he later apologised in writing and gave flowers. Even if the incident had been in time, the tribunal found the exchange about procreation and a 'rabbit' did not amount to direct discrimination or harassment.

The tribunal found that the claimant was suspended in January 2018 because she twice told Mrs Reinbach to 'fuck off', not because of race or sexual orientation, and that a hypothetical comparator who directly swore at a colleague would have been treated the same way. It also rejected victimisation: the grievance was the protected act relied on, but the later May 2018 suspension followed an aggressive outburst towards another colleague and not the grievance. The tribunal recorded that some grievance issues, including training, expenses and sick pay, were accepted as needing improvement, but it found no discrimination, harassment or victimisation and no remedy was awarded.