Case 8001395/2025 · Employment Tribunal
Ms H Kaur v GE Caledonian Limited — 2026
- Case reference
- 8001395/2025
- Decision date
- 3 March 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge Buzzard
- Venue
- Glasgow
Parties
2 namedClaimant
Ms H Kaur
Respondent
Key findings
Tribunal's reasoningMs Kaur was employed as a materials mover from 24 February 2025 until her dismissal on 20 March 2025. Before and at the hearing she withdrew the sex discrimination, indirect race discrimination, unpaid holiday pay, and Mr John Anderson harassment allegations, and those claims were dismissed. The tribunal identified the remaining issues as direct race discrimination and race-related harassment.
On the training allegation, the tribunal accepted that Ms Kaur had mostly one-to-one training but also some group training, including on 14 March 2025. It found the respondent's explanation that training format depended on which workers on a shift needed the course was logical and unrelated to race, so the direct race discrimination case about training failed. The tribunal also rejected the alleged comments said to have been made around 10 March and 18/19 March 2025, finding on the balance of probabilities that the comments, hostile looks, and gestures were not proved.
The tribunal found that the dismissal on 20 March 2025 followed repeated failure of the A1 and A5 safety assessments, including the contemporaneous trainer feedback about Ms Kaur's performance, and accepted the respondent's explanation that the decision was based solely on poor performance in required safety training. It found Mr Bicker's escort of Ms Kaur from site, including the comment about security, was a response to her continued attempts to argue and delay leaving, not conduct related to race, and rejected the shift-notice allegation because the rotating shift pattern was fixed and predictable. Ms Kaur's reconsideration application was refused because there was no reasonable prospect of the judgment being varied or revoked.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Claim unequivocally withdrawn before and at the hearing, and dismissed by the tribunal. | Dismissed | Sex | — |
| Race discrimination | Indirect race discrimination claims were unequivocally withdrawn before and at the hearing, and dismissed. | Dismissed | Race | — |
| Holiday pay | Unpaid holiday pay was withdrawn at the hearing after the claimant accepted she had been paid more than her accrued entitlement, and was dismissed. | Dismissed | — | — |
| Harassment | The harassment allegation concerning Mr John Anderson on or around 13 March 2025 was withdrawn at the hearing and dismissed. | Dismissed | Race | — |
| Race discrimination | Direct race discrimination claims, including the allegations about 1-to-1 training, dismissal on 20 March 2025, inadequate shift notice, and the alternative direct race discrimination case based on the alleged 18/19 March comments, were dismissed. The tribunal found the training allocation depended on shift need, the dismissal followed repeated failure of mandatory safety tests, and the shift rota was fixed and predictable. | Dismissed | Race | — |
| Harassment | Race harassment claims based on the alleged comments on or around 10 March 2025 and 18/19 March 2025, the alleged hostile looks and gestures, and Mr Bicker's escort of the claimant from site were dismissed because the comments and gestures were not proved and Mr Bicker's conduct was not found to be race-related. |
Legal tests applied
14 references- s.13 Equality Act 2010
- s.26 Equality Act 2010
- s.39 Equality Act 2010
- s.40 Equality Act 2010
- s.136 Equality Act 2010
- balance of probabilities
- reverse burden of proof
- Burrett v West Birmingham Health Authority
- R v Birmingham City Council ex parte Equal Opportunities Commission
- Owen and Briggs v James
- rule 68(1) Employment Tribunal Rules 2024
- rule 70(2) Employment Tribunal Rules 2024
- Ministry of Justice v Burton
- Liddington v 2Gether NHS Foundation Trust
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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