Cases2210867/2023

Claimant v King's College London

12 February 2025Before Employment Judge DavidsonLondon Centralremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(religion)failed

The tribunal found Heather Kneale did not decline to move the alcohol box. The claimant failed to show she had repeatedly requested its removal or linked it to her religious beliefs in any written communication. The tribunal found no evidence the box was not moved due to the claimant's religion and preferred more likely non-discriminatory explanations (lack of awareness, storage space, oversight). The claimant failed to shift the burden of proof.

Harassment(religion)failed

The tribunal found the alleged comments about 'decorating toys' were not made. The meeting on 18 April 2023 was held via Teams while the claimant worked from home, so the Ganesh idol was not visible, making the comment implausible. The allegation was never mentioned in the claimant's email to the Professor or her meeting with Bethan Jones. The tribunal found the relationship breakdown was due to disputes over office attendance and management, not religion.

Facts

The claimant, a Hindu woman, was employed as an Operations Officer at Kings College London from January to April 2023. She resigned after approximately three months, alleging that a crate of alcohol was not removed from her office despite her religious beliefs, and that her manager made offensive comments about her Ganesh idol referring to it as a 'toy'. The relationship with the second respondent deteriorated over disputes about remote working arrangements and management style.

Decision

The tribunal dismissed all claims. It found that the claimant had not proven Heather Kneale declined to remove the alcohol for religious reasons, noting the claimant never raised the issue in writing and preferred the respondents' evidence. The tribunal also found the alleged 'toys' comment was not made, as the relevant meeting was held remotely via Teams when the idol would not have been visible, and the allegation was never mentioned in contemporaneous complaints.

Practical note

Credibility is critical in discrimination cases: tribunals may reject claims where the claimant's evidence is inconsistent, unsupported by contemporaneous documents, and contradicted by their own conduct (such as failing to mention allegations in resignation emails or complaints made at the time).

Legal authorities cited

Richmond Pharmacology v Dhaliwal [2009] ICR 724Igen v Wong [2005] ICR 931Commissioner of Police of the Metropolis v Osinaike [2010] UKEAT 0373Madarassy v Nomura International Plc [2007] ICR 867

Statutes

Equality Act 2010 s.13Equality Act 2010 s.26

Case details

Case number
2210867/2023
Decision date
12 February 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
Represented
Yes
Rep type
barrister

Employment details

Role
Operations Officer
Service
3 months

Claimant representation

Represented
Yes
Rep type
lawyer