Cases3306055/2023

Claimant v Activate Enterprise Limited

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)failed

The tribunal found that the claimant's complaint of direct race discrimination was not well founded. The tribunal heard evidence over four days and determined that the respondent had not treated the claimant less favourably because of race.

Harassment(race)failed

The tribunal found that the claimant's complaint of harassment related to race was not well founded. After considering the evidence presented, the tribunal determined that the conduct complained of did not constitute harassment related to the protected characteristic of race.

Facts

Mr Ratnayake brought claims of direct race discrimination and harassment related to race against his employer, Activate Enterprise Limited. The case was heard over four days before a full tribunal panel. The claimant represented himself while the respondent was represented by counsel.

Decision

The tribunal dismissed both claims, finding them not well founded. After hearing evidence over four days, the tribunal determined that the respondent had not discriminated against or harassed the claimant on grounds of race.

Practical note

A litigant in person pursuing discrimination claims against a legally represented employer faces significant challenges, particularly in proving that treatment was related to a protected characteristic rather than other workplace factors.

Case details

Case number
3306055/2023
Decision date
4 April 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No