Claimant v Arora SLG Limited
Outcome
Individual claims
The claimant made a verbal allegation of race discrimination to a manager and was dismissed at a probationary review meeting shortly afterwards. The tribunal found this amounted to victimisation as the dismissal was causally linked to the protected act of raising a race discrimination complaint.
The tribunal found the harassment claim to be unfounded, though specific reasons are not detailed in this liability judgment.
The tribunal dismissed the direct race discrimination claim as unfounded, finding no evidence to support that the treatment was because of race.
Withdrawn by claimant at an earlier preliminary hearing.
Facts
The claimant, Miss Nwohia, was employed by Arora SLG Limited. During her probationary period, she made a verbal allegation of race discrimination to a manager. Shortly afterwards, she was dismissed at a probationary review meeting. She brought claims of victimisation, harassment, direct race discrimination, and unfair dismissal.
Decision
The tribunal upheld the victimisation claim, finding that the dismissal was causally linked to the claimant raising a race discrimination complaint. The claims of harassment and direct race discrimination were dismissed as unfounded. The unfair dismissal claim had been withdrawn at an earlier preliminary hearing.
Practical note
Dismissing an employee shortly after they raise a race discrimination complaint, even during probation, can amount to unlawful victimisation even if the underlying discrimination claim itself is not established.
Legal authorities cited
Statutes
Case details
- Case number
- 2303718/2023
- Decision date
- 6 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No