Claimant v Clarion Housing Group Limited
Outcome
Individual claims
The tribunal found that the claimant was not subjected to less favourable treatment because of his race. The tribunal found that a hypothetical comparator who was not black African in not materially different circumstances would have been treated in the same way. The investigation, disciplinary process, and other treatment were all found to be for legitimate business reasons unrelated to race.
Facts
The claimant, a black African customer support officer employed since 2014, brought race discrimination claims after being investigated and given a first written warning for call avoidance and internet misuse in March 2022. He alleged this was part of a vendetta following a grievance he raised in November 2019. The investigation began after contact centre advisors reported silent calls and an audit identified the claimant as having a high volume of short duration calls between September-November 2021. The claimant was given a written warning which resulted in him losing his bonus and pay rise. He appealed unsuccessfully.
Decision
The tribunal dismissed all claims of race discrimination. The tribunal found that the investigation, disciplinary process, and treatment were all for legitimate business reasons. A hypothetical non-black African comparator in similar circumstances would have been treated the same way. The tribunal rejected the claimant's theory that this was a vendetta following his 2019 grievance, finding no evidence that the managers involved bore any grudge.
Practical note
A claimant alleging race discrimination must show more than procedural unfairness or harsh treatment; without evidence linking the treatment to race, claims will fail even where some treatment is proven.
Legal authorities cited
Statutes
Case details
- Case number
- 3309890/2022
- Decision date
- 13 February 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Customer Support Officer / Customer Accounts Specialist
Claimant representation
- Represented
- No