Claimant v University College Birmingham
Outcome
Individual claims
The claimant alleged that on 23 November 2023, Paul Massiah told her that her employment was not sustainable due to her childcare commitments. The tribunal found this claim was not made out on the facts and the claimant failed to establish direct sex discrimination.
The claimant claimed she was dismissed because of the protected characteristic of sex. The tribunal found that the respondent had not discriminated against the claimant on grounds of sex in the dismissal decision.
The claimant alleged that on 23 November 2023, Paul Massiah's comments about her childcare commitments making employment unsustainable constituted harassment related to sex. The tribunal found this claim failed, likely because the alleged conduct was not established or did not meet the statutory test for harassment.
The claimant alleged that on or around 6 November 2023, Sangeeta Ram made fun of her accent or mispronunciation of a colleague's name and commented that 'these people pronounce this name that way'. The tribunal found this claim of race-related harassment was not made out.
The claimant brought a claim for notice pay under breach of contract. The tribunal dismissed this claim, finding that the respondent had not breached the claimant's contract in relation to notice pay.
Facts
Mrs Khanam, an employee of University College Birmingham, brought claims of sex and race discrimination, harassment, and breach of contract relating to notice pay. She alleged that on 23 November 2023, Paul Massiah told her that her employment was not sustainable due to her childcare commitments, and that she was dismissed because of her sex. She also alleged that on 6 November 2023, Sangeeta Ram made fun of her accent or mispronunciation of a colleague's name with a comment about 'these people'.
Decision
The tribunal dismissed all of the claimant's claims after a four-day hearing. The tribunal found that the claimant had not established direct sex discrimination, sex or race harassment, or breach of contract in relation to notice pay. The claimant was unrepresented while the respondent was represented by counsel.
Practical note
Self-represented claimants face significant challenges in establishing discrimination claims, particularly where alleged discriminatory comments relate to childcare responsibilities or accent, and where the respondent has professional legal representation.
Legal authorities cited
Statutes
Case details
- Case number
- 3200001/2024
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No