Cases2401705/2023

Claimant v Royal Mail Group Limited

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)failed

The tribunal unanimously found that all allegations of direct race discrimination were not well-founded. The claimant failed to establish that he was treated less favourably than an actual or hypothetical comparator because of his race.

Harassment(race)failed

The tribunal unanimously found that all allegations of harassment related to race were not well-founded. The claimant failed to establish that unwanted conduct related to race occurred that had the purpose or effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisationfailed

The tribunal unanimously found that all allegations of victimisation were not well-founded. The claimant failed to establish that he was subjected to a detriment because he had done a protected act under the Equality Act 2010.

Detrimentfailed

The tribunal found that the allegations of being subject to a trade union detriment pursuant to section 146 of the Employment Rights Act 1996 all failed. The claimant did not establish that he was subjected to a detriment for the purpose of preventing or deterring him from being a member of or taking part in trade union activities.

Automatic Unfair Dismissalfailed

The tribunal found that the allegation of automatic unfair dismissal pursuant to section 100 of the Employment Rights Act 1996 (health and safety dismissal) failed. The claimant did not establish that the reason or principal reason for dismissal was a protected health and safety circumstance.

Unlawful Deduction from Wagesfailed

The tribunal noted these claims were not live issues at the hearing. However, for avoidance of doubt, based on the findings made, these would have failed and been dismissed if they had been pursued.

Breach of Contractfailed

The tribunal noted these claims were not live issues at the hearing. However, for avoidance of doubt, based on the findings made, these would have failed and been dismissed if they had been pursued.

Facts

Mr Tshino, a self-represented claimant, brought multiple claims against Royal Mail Group Limited including direct race discrimination, harassment related to race, victimisation, trade union detriment under section 146 ERA 1996, and automatic unfair dismissal under section 100 ERA 1996. The case involved four consolidated claim numbers heard over six days before a full panel. There were also claims for unlawful deduction of wages and breach of contract which were not pursued at the hearing.

Decision

The tribunal unanimously dismissed all claims. They found that the claimant failed to establish any of his allegations of race discrimination, harassment, or victimisation, nor did he establish trade union detriment or automatic unfair dismissal for health and safety reasons under section 100 ERA 1996.

Practical note

A self-represented claimant bringing multiple consolidated discrimination and statutory protection claims against a major employer requires clear evidence to establish a prima facie case for each cause of action, and mere allegations without supporting facts will not succeed.

Legal authorities cited

Statutes

ERA 1996 s.100ERA 1996 s.146EqA 2010

Case details

Case number
2401705/2023
Decision date
7 April 2025
Hearing type
full merits
Hearing days
6
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No