Ms J Anderson Mr W Muir Miss D Klukowska v Strathclyde Partnership for Transport — 2020

The claimant, who was Polish, was employed from 12 February 2018 on a six-month probationary basis as a Committee and Legal Administration Support Officer. The tribunal found that concerns arose during probation about her interaction with others and, to a lesser extent, skills such as mail merge and the organisation of compliments slips. It accepted that MF O’Neill’s probationary report for the claimant was generally positive but recorded an area for improvement in co-operation with others, and that feedback was also obtained for Ms Maclean’s probationary report.

The tribunal found that the 10 July 2018 meeting with Ms Maclean was a meeting to discuss legitimate performance concerns and possible probation outcomes, not conduct related to nationality. It held that the meeting did not amount to harassment under section 26 of the Equality Act 2010, and that the claimant had not established facts from which direct race discrimination could be inferred. The tribunal accepted the respondents' explanations that feedback was sought appropriately, that Ms Maclean had investigated the dispute with Ms Martin, and that Mr Wylie’s grievance investigation and rejection of the complaint were not influenced by the claimant’s nationality.

On victimisation, the tribunal found that Ms Morgan accepted the claimant’s resignation on 17 July 2018, before the grievance was lodged on 18 July 2018. It therefore held that the acceptance of resignation was not because of the protected act. The tribunal also rejected constructive unfair dismissal, finding no fundamental breach of contract or repudiatory conduct and no basis for a resignation in response to discriminatory treatment. As all claims failed, no remedy hearing was required.