McManus Members: Mr McAllister & Mr Alexander Mr J McLaughlin v South Lanarkshire Council — 2018

The claimant, a Home Carer, alleged victimisation in the allocation of overtime after making an April 2016 complaint under the respondent's Dignity at Work procedure which included allegations of sex discrimination. The respondent accepted that the complaint was a protected act. The Tribunal considered the systems for offering planned and short-notice overtime, including group texts, phone calls, service needs, the claimant's request not to be contacted outside working hours, and his own selection of shifts.

The Tribunal found that the claimant had not proved facts from which it could conclude that he was subjected to a detriment because of the protected act. It found that his overtime hours increased after the Dignity at Work complaint, and that limitations on his overtime opportunities were explained by factors including his communication preferences, his statement that he was not available for overtime while in dispute, his choices about which group-text opportunities to pursue, and the respondent's need to contact carers likely to accept short-notice cover.

The Tribunal dismissed the victimisation claim. It also dismissed the unlawful deductions from wages claim because both parties accepted that no outstanding unpaid sums were due. The direct sex discrimination claim had been withdrawn and was dismissed on that basis.