Cases2216118/2024

Claimant v Binary.ai Ltd

21 February 2025Before Employment Judge BatyLondon Central

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)failed

The tribunal rejected the claimant's complaints of direct race discrimination after a three-day full merits hearing. The tribunal found that the claimant had not established facts from which discrimination could be inferred or that the treatment complained of was because of race.

Indirect Discrimination(race)failed

The tribunal dismissed the claimant's complaints of indirect race discrimination following the full merits hearing. The claimant failed to establish that a provision, criterion or practice put persons of her racial group at a particular disadvantage or that she suffered that disadvantage.

Facts

Ms T Xu brought claims of direct and indirect race discrimination against her employer Binary.ai Ltd, a technology company, and James Patrick-Evans as second respondent. The case was heard over three days at London Central Employment Tribunal. Both parties were represented by counsel.

Decision

The tribunal dismissed both the direct and indirect race discrimination claims after a full merits hearing. The claimant failed to establish facts from which discrimination could be inferred and did not demonstrate that the treatment complained of was because of race or that any provision, criterion or practice disadvantaged persons of her racial group.

Practical note

Race discrimination claims require the claimant to establish a prima facie case by proving facts from which discrimination can be inferred before the burden shifts to the employer to provide a non-discriminatory explanation.

Legal authorities cited

Statutes

EqA 2010 s.13EqA 2010 s.19

Case details

Case number
2216118/2024
Decision date
21 February 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister