Claimant v North of England Commissioning Support Unit

Tribunal found that while the underpayment of £483.05 in October 2020 was a breach of contract, the claimant affirmed the breach by accepting the explanation and waiting for repayment the following month. The breach was not calculated or likely to seriously damage trust and confidence. Tribunal concluded the real reason for resignation was that sick pay ran out, not any repudiatory breach.

Tribunal found none of the alleged acts of discrimination occurred as alleged. For example: (1) Angela Lydon-Burgan did not allocate more CSPB meetings to the claimant - this was determined by the Screening and Immunisation Team; (2) the claimant was not required to work without a laptop for 6 months; (3) the underpayment affected both the claimant and a white colleague (Louise Hennessy) due to an administrative error, not race. The tribunal found the claimant's evidence inconsistent and largely inaccurate when compared to contemporaneous documentation.

Tribunal found that the alleged incidents of harassment either did not happen or were not related to race. For example: (1) Karen Burgess did not call the claimant the wrong name twice; (2) Diane Thornton did not laugh at the claimant at the 2 November 2020 meeting; (3) the 'thanks for popping in' incident did not happen as described; (4) Jonathan Gore did not make the alleged comments about bullying not being racial. Where incidents did occur (e.g. the friendly text message from Louise Hennessy in April 2023), they were not unwanted conduct and had no connection to race.