Claimant v Midland Mencap

The tribunal found no less favourable treatment based on race across all allegations. The respondent acted in accordance with its policies and procedures following the assault on the claimant. The tribunal determined that a hypothetical white comparator would have been treated in the same way in all respects. The claimant failed to establish that any difference in treatment was because of her race.

The tribunal found that the claimant did make protected acts on 8 and 22 February 2021 by alleging race discrimination. However, the tribunal concluded that Ms. Weston's grievance investigation and rejection of the grievance was not because the claimant did a protected act. The investigation was reasonable in the circumstances and the outcome was justified. The claimant provided no evidence to establish causation.

The tribunal found that the claimant made qualifying protected disclosures on 8 and 22 February 2021 which were in the public interest. However, the respondent did not commit a fundamental breach of contract that was causally linked to the protected disclosures. The disciplinary process was already underway before the first disclosure and the respondent's subsequent conduct was reasonable and justified. The claim for automatic unfair dismissal failed.