Miss V Abbas v ISS Facility Services Limited — 2024

The hearing was confined by consent to liability. The claimant, formerly employed as a security officer, pursued complaints of constructive dismissal, victimisation under section 27 Equality Act 2010, and direct race discrimination under section 13 Equality Act 2010. Some allegations were withdrawn or treated as unable to proceed because they could and should have been brought in earlier proceedings.

The tribunal did not accept the claimant's evidence on several disputed factual matters and preferred the evidence of the respondent's witnesses where accounts conflicted. It found that many alleged events had not been proved, including allegations about use of the ladies' toilet, being ignored, deliberate alarm activations, failure to provide PPE, and the alleged slip or trip incident as described by the claimant. Where some facts were established, the tribunal generally found reasonable and proper cause, no detriment, or no objective basis for a breach of the implied term of trust and confidence.

On constructive dismissal, the tribunal found no breach of the implied term of trust and confidence, whether individually or cumulatively, and therefore no repudiatory breach of contract. On victimisation, although the earlier tribunal claim was accepted as a protected act, the tribunal found the alleged treatment was not because of that act. On direct race discrimination, it found no facts from which race could be inferred as a significant cause of the treatment, and dismissed all complaints.