Cases3200001/2024

Claimant v University College Birmingham

28 February 2025Before Employment Judge S ShoreEast Londonremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(sex)failed

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.

Direct Discrimination(sex)failed

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.

Harassment(sex)failed

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.

Harassment(race)failed

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.

Breach of Contractfailed

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

Equality Act 2010 s.13Equality Act 2010 s.26(1)Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 Article 3

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