N Elliot and J Gallacher Mr N Mohammed v Network Rail Infrastructure Limited — 2023

The claimant, who is Pakistani, brought claims of direct race discrimination concerning several events during and after his trainee signaller course. The tribunal found that the factual treatment relied on by the claimant had generally occurred, including refusal of his request to change simulation groups, questions during an observed assessment, references to his memory and lateness, delays in minutes and appeal outcome, the grievance investigation approach, and lack of line manager contact over a period.

For each allegation, the tribunal found either that there was no less favourable treatment or that any comparator in materially similar circumstances would have been treated the same way. It accepted the respondent's evidence that the group change request was refused to avoid disruption, the assessment question was required by the safety-critical scenario, the photographic memory comments were observations about recall, delays were administrative or logistical, the grievance manager followed his usual process, and there was no reason for line manager contact during the redeployment and internal process period.

The tribunal found that race was not a substantial or effective reason for any of the treatment. It concluded there was no link between the claimant's race and the decisions or actions complained of, and dismissed the direct race discrimination claims as ill founded.