Claimant v Morrison Data Services Limited
Outcome
Individual claims
Claimant alleged constructive dismissal based on 13 separate allegations of treatment that he said breached the implied term of trust and confidence. The Tribunal found that none of the 13 allegations were proved on the balance of probabilities, concluding that the Claimant's recollection of events was unreliable and did not align with the documentary evidence and other witness testimony. As the factual basis for the constructive dismissal claim was not established, the claim failed.
Claimant alleged direct race discrimination based on 7 of the 13 allegations (complaints 1, 3, 4, 5, 11, 12 and 13), arguing he was treated less favourably because he is black. The Tribunal found that none of these factual allegations were proved on the balance of probabilities. As the underlying facts were not established, the Tribunal did not need to proceed to consider whether there was less favourable treatment or whether it was because of race.
Claimant alleged harassment related to race based on the same 7 allegations (complaints 1, 3, 4, 5, 11, 12 and 13). The Tribunal found that none of these factual allegations were proved on the balance of probabilities. As the alleged conduct was not established as fact, the Tribunal did not need to consider whether it constituted unwanted conduct related to race that had the purpose or effect of violating the Claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
The Claimant worked as a meter reader from 2013, initially for Npower, before his employment transferred to the Respondent on 1 October 2020 via TUPE. He alleged 13 incidents of poor treatment between September 2020 and June 2021, including a racist comment about 'running off to Barbados', being questioned about his right to work, being told to falsify meter reading records, being sent to work in an area where he experienced racial abuse, and having his absence wrongly recorded as unauthorised. He went on sick leave from 3 June 2021 citing stress at work and resigned on 26 September 2021. The Tribunal heard from the Claimant and four managers from the Respondent over a 6-day hearing in February-March 2025.
Decision
The Tribunal dismissed all claims. It found that none of the 13 factual allegations were proved on the balance of probabilities. The Tribunal had serious concerns about the Claimant's reliability as a witness, finding multiple examples where his recollection of events did not align with documentary evidence or other witness testimony. The Tribunal accepted that the Claimant was honest and doing his best to give accurate evidence, but found he was not immune to mixing together different conversations or developing flawed recollections of events. As the factual basis for all claims failed, the Tribunal did not need to consider legal tests for constructive dismissal or discrimination.
Practical note
Even where a claimant is clearly distressed and genuinely believes their account of events, a tribunal will carefully test the reliability of witness evidence against contemporary documents and must dismiss claims where the factual allegations are not proved on the balance of probabilities.
Legal authorities cited
Statutes
Case details
- Case number
- 2501687/2021
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Meter reader
- Service
- 9 years
Claimant representation
- Represented
- No