Member G Powell Tribunal Member M Watt Ms R Silweya v Represented by: Mr R Wachtel, Solicitor Gowrie Care Limited — 2023

The claimant, a Black African care assistant, was employed by Gowrie Care Ltd at Gowrie House from 10 October 2022 until her dismissal on 10 February 2023. She brought claims of direct race discrimination and harassment related to race based on a number of alleged incidents involving Ms Hope, Ms Carlin, Ms Pasternak, Ms Scott, Ms Thomson and Ms Christie, including disputes about tea-making items, untidy work areas, unit allocations, probation meetings and the decision to end her employment. The tribunal allowed amendment so that the dismissal could be relied on as part of the race discrimination and harassment complaints, and it addressed the claims under sections 13 and 26 of the Equality Act 2010.

On the evidence about Ms Hope, the tribunal found the alleged kettle-related comments and conduct did not occur as described, or at all. It found that Ms Carlin did leave cups or bins untidy on some occasions, but she did not know the claimant would take over the unit and did not leave the area in that condition to create extra work for the claimant; the tribunal therefore found that conduct was not because of race and did not amount to harassment. The tribunal also rejected the claimant's account of the 31 January 2023 probationary meeting with Ms Christie, finding that race discrimination was not raised at the meeting and that Ms Christie did not describe any complaint as petty or say that it was a big accusation.

For the events of 2 and 3 February 2023, the tribunal found that Ms Pasternak asked the claimant to work in another unit because she had already been working there and only one care assistant was allocated per unit overnight, not because of race. It accepted that Ms Scott muttered the F word in the claimant's presence during a disagreement about a double job, but found the reason was frustration about the claimant not assisting, not the claimant's Black ethnicity. On the 6 February 2023 corridor incident, the tribunal accepted that Ms Thomson asked why the claimant was staring at her and suggested the claimant work in a different unit, but found that this did not create a hostile or humiliating environment and, in any event, was not race-related.

At the 9 February 2023 meeting, Ms Christie raised concerns reported by colleagues about teamwork, reluctance to assist with double jobs and taking direction. The tribunal found that the claimant did not say she was being discriminated against, and it accepted Ms Christie's explanation that she adjourned the meeting because the claimant was upset and the issues were not being resolved. At the 10 February 2023 meeting, the tribunal found the claimant said she felt she was being bullied around, but did not say she was being discriminated against. It found Ms Christie dismissed her because of concerns about performance and her ability or willingness to work collaboratively with colleagues, and that race had no bearing on the decision. All complaints of direct race discrimination and harassment related to race were dismissed, and no award was made.