Claimant v Network Rail Infrastructure Limited
Outcome
Individual claims
The Tribunal found it did not have jurisdiction to determine the breach of contract claim. In the alternative, even if it did have jurisdiction, the claim was not well-founded on its merits.
The Tribunal found that the claimant had not established that there had been any unauthorised deduction from his wages by the respondent.
The Tribunal found that the claimant had not established that he had been treated less favourably because of his race or that race was a material factor in the respondent's treatment of him.
The Tribunal found that the claimant had not established that he had been treated less favourably because of his sex or that sex was a material factor in the respondent's treatment of him.
The Tribunal found that the claimant had not established that he had been treated less favourably because of his age or that age was a material factor in the respondent's treatment of him.
Facts
Mr Bailey brought claims against Network Rail Infrastructure Limited for breach of contract, unauthorised deductions from wages, and direct discrimination on the grounds of race, sex and age. The hearing took place over six days in September 2025 before Employment Judge B Smith sitting alone, with the claimant represented by a lay equality officer and the respondent by counsel.
Decision
The Tribunal dismissed all claims. The breach of contract claim was dismissed on jurisdictional grounds, or alternatively on its merits. The unauthorised deduction from wages claim failed as no deduction was established. All three discrimination claims failed as the claimant did not prove less favourable treatment because of the protected characteristics.
Practical note
A claimant bringing multiple discrimination claims alongside contractual claims must establish both less favourable treatment and that the protected characteristic was a material factor in that treatment, and must ensure the tribunal has jurisdiction over contractual claims.
Case details
- Case number
- 2213587/2023
- Decision date
- 16 September 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep