Victoria Omisore v Percepta UK Limited — 2025

The claimant brought complaints of direct race discrimination and victimisation arising from the respondent's handling of her complaint about a workplace conversation and from her dismissal during probation. The tribunal recorded that the claimant described her race as black and relied on a white actual comparator and a hypothetical comparator for the race discrimination complaint.

On direct race discrimination, the tribunal found that the respondent believed the claimant had taken workplace video footage and posted it on TikTok, that this breached its policies, and that it had investigated the alleged misconduct. It found no primary facts from which discrimination could be inferred, and found no less favourable treatment because of race.

On victimisation, the tribunal found that the claimant's written complaint about alleged sexual harassment was a protected act and that dismissal was a detriment. It concluded, however, that the potential serious breach of policy arose before the protected act and that the dismissal was because the respondent found there was a case to answer while the claimant was in probation, not because of the protected act.