Claimant v London Borough of Newham
Outcome
Individual claims
The tribunal found that the 14-month delay in the disciplinary investigation breached the implied term of trust and confidence and/or revived the earlier breach (delay in providing work tools in August 2018). The claimant resigned in response to this fundamental breach without affirming the contract. The discriminatory treatment materially influenced the conduct amounting to repudiatory breach.
Although the tribunal found that the delay in providing work tools in August 2018 was direct race discrimination (supported by Mr Veazey's comment 'yes it might be' when the claimant suggested the delay was due to his skin colour), this free-standing claim was out of time and the claimant had not established grounds to extend time on a just and equitable basis. The claimant failed to establish any of the other allegations of direct discrimination.
Whilst Mr Veazey's comment was unwanted conduct related to race, the claimant gave evidence he was not bothered by it, failing to meet the subjective element of the harassment test. The delay in providing tools, whilst discriminatory, did not meet the threshold for harassment. Other allegations were not found to be related to race or to meet the harassment threshold.
The tribunal accepted the grievance dated 10 February 2020 was a protected act, but the alleged detriments either pre-dated the protected act (failure to pay overtime, van removal) or were not materially influenced by it (grievance outcome, any delay in dealing with grievance). The tribunal found the respondent's decisions were based on their consideration of the evidence, not because of the protected act.
Claims for failure to pay for additional work (£4,000 to £5,000) and July 2020 wages (£380.26) were withdrawn by the claimant and dismissed upon withdrawal.
The claim for van maintenance deductions of £263.86 failed due to insufficient evidence. The claimant could not provide all relevant payslips, and the limited evidence showed adjustments had been made. The tribunal found insufficient evidence to determine there were unauthorised deductions.
Withdrawn by claimant and dismissed upon withdrawal.
Withdrawn by claimant and dismissed upon withdrawal.
Facts
The claimant, a plasterer employed by the first respondent (a local authority) for 21 years, who is Black/British, resigned in July 2020. He alleged discriminatory treatment including a delay in providing work tools in August 2018 (during which his manager made a comment suggesting the delay might be due to his skin colour), being provided with a replacement mobile phone without his old number, and a 14-month delay in resolving disciplinary proceedings from March 2019 to May 2020, during which he was suspended. He was given a final written warning reduced to 12 months on appeal. The respondents did not attend the hearing, having had their response struck out for failing to engage with the proceedings.
Decision
The tribunal found the claimant succeeded in his claim for discriminatory constructive dismissal, based on the 14-month delay in the disciplinary investigation which breached the implied term of trust and confidence and/or revived an earlier breach (the delay in providing work tools in August 2018, which the tribunal found was direct race discrimination). All other claims failed, including the free-standing direct discrimination claim (out of time), harassment (did not meet the statutory test), and victimisation (no causal connection established).
Practical note
A prolonged and unreasonable delay in disciplinary proceedings can constitute a fundamental breach of the implied term of trust and confidence, and where earlier discriminatory acts have been affirmed, such a delay can revive those earlier breaches to support a successful claim of discriminatory constructive dismissal even if the delay itself was not discriminatory.
Legal authorities cited
Statutes
Case details
- Case number
- 3220481/2020
- Decision date
- 2 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- London Borough of Newham
- Sector
- local government
- Represented
- No
Employment details
- Role
- plasterer
- Service
- 22 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister