Claimant v GXO Logistics UK II Limited (Formerly Clipper Logistics plc)

The tribunal found that the Respondent unreasonably delayed discussing further amended duties for the claimant following the occupational health report issued in May 2022. This delay (from shortly after 4 May 2022 until 7 September 2022) was found to be less favourable treatment because of race. All other allegations of direct race discrimination failed, including complaints about performance, shouting, telling off, communication issues, and treatment by supervisor Ms Radimonaite.

The tribunal found that the Respondent did not apply the alleged PCP of 'ignoring or treating less patiently workers who did not speak English well'. The claimant failed to prove that Ms Radimonaite had such a practice. Therefore the indirect discrimination claim failed on the facts.

The tribunal found that the Respondent applied three PCPs which put the claimant at substantial disadvantage because of her disability: sending her to heavy warehouse tasks, requiring heavy lifting (up to 15kg), and requiring standing while working in labels. The Respondent knew or ought to have known of the disadvantage from close to the start of employment. The tribunal found it was reasonable for the Respondent to have ensured colleagues assisted the claimant with identifying items not too heavy for her and to have enabled her to spend more time on labelling tasks. The Respondent failed to take these steps. The claim for reducing contact with Ms Radimonaite failed as this would not have reduced the disadvantage from the PCPs.