Cases3308103/2023

Claimant v Peterborough City Council

16 October 2025Before Employment Judge TynanCambridgein person

Outcome

Partly successful

Individual claims

Harassment(race)succeeded

In February 2023, Mr Gladstone asked the Claimant and Ms Omoregie if they were friends. The tribunal found this was unwanted conduct related to race that created an intimidating, hostile, degrading, humiliating or offensive environment for the Claimant. The question was linked to their shared race and created an uncomfortable atmosphere.

Harassment(race)succeeded

On 11 April 2023, Ms Booth sent a photograph of what may have appeared to the recipients to be a naked black woman to the CLT WhatsApp group. The tribunal found this was unwanted conduct related to race that violated the Claimant's dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.

Direct Discrimination(race)failed

The Claimant brought multiple complaints of direct race discrimination across 43 alleged detriments. The tribunal carefully examined each allegation but found no evidence that the treatment complained of was because of, or materially influenced by, the Claimant's race. The tribunal found that alleged unfavourable treatment had legitimate explanations unconnected to race.

Victimisationfailed

The Claimant alleged she was victimised following protected acts, including disclosing a race discrimination complaint against her former employer Birmingham City Council on 20 October 2022. The tribunal accepted this was a protected act but found no evidence that any subsequent treatment was because of, or materially influenced by, the protected acts. The tribunal found legitimate, non-discriminatory reasons for the treatment complained of, including legitimate performance management and probation processes.

Facts

Ms Tapping, a black woman of Jamaican and Caribbean origin, was employed by Peterborough City Council as Director of Legal and Governance and Monitoring Officer from 14 November 2022 until 31 August 2023 when she was dismissed for failing her probation period. On 20 October 2022, before starting, she disclosed to the Chief Executive (Mr Gladstone) and HR Director (Ms Pullen) that she had a race discrimination dispute with her previous employer, Birmingham City Council. She alleged 43 detriments amounting to harassment, direct discrimination, and victimisation related to race throughout her employment, culminating in her dismissal following a recommendation by Mr Gladstone, endorsed by an Independent Panel and approved by full Council.

Decision

The tribunal upheld two complaints of harassment related to race: Mr Gladstone asking the Claimant and another black colleague if they were friends in February 2023, and Ms Booth sending an inappropriate photograph to a WhatsApp group in April 2023. All other complaints of direct discrimination, harassment, and victimisation across 43 alleged detriments were dismissed. The tribunal found that the Claimant misinterpreted or misremembered many events and that legitimate, non-discriminatory explanations existed for the treatment complained of. A remedy hearing will be listed to determine compensation for the two successful harassment claims.

Practical note

Even where a senior employee has done protected acts and experiences some race-related harassment, this does not mean that all subsequent adverse treatment is tainted by discrimination — tribunals will scrutinise each allegation carefully and require cogent evidence linking treatment to protected characteristics or protected acts.

Legal authorities cited

Anya v University of Oxford [2001] ICR 847Gestmin SGPS SA v Credit Suisse (UK) Limited & Anor [2013]Jesudason v Alder Hey Children's NHS Foundation Trust [2020] ICR 1226Saad v Southampton University Hospitals NHS Trust [2019] ICR 311

Statutes

Local Authority (Standing Orders) England Regulations 2001Equality Act 2010 s.27Equality Act 2010 s.26Equality Act 2010 s.13

Case details

Case number
3308103/2023
Decision date
16 October 2025
Hearing type
full merits
Hearing days
16
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Employment details

Role
Director of Legal and Governance / Monitoring Officer
Service
9 months

Claimant representation

Represented
Yes
Rep type
barrister