Claimant v High Commission of Brunei Darussalam

The instruction to work at the desk was an accommodation, not a detriment, and the instruction to return to work was given to all locally engaged employees before the claimant raised safety concerns. Not reasonably arguable that refusal to allow working from home was because of protected disclosure.

Section 44 health and safety detriment claim relating to withholding of wages allowed to proceed. Tribunal declined to strike out or order deposit, stating it cannot determine without proper evidence whether claimant reasonably believed danger was serious and imminent in August 2021.

Claim that respondent refused to provide house in Brunei amounts to race discrimination struck out. The National Housing Scheme is available to all Brunei citizens and is not an employment benefit. Tribunal has no jurisdiction.

Claim of less pay than colleagues struck out as none of the comparators were at the same grade. Claimant was Assistant Public Relations Officer while all comparators were Public Relations Officers. No basis for allegation of less favourable treatment; difference due to grade, not race.

Failure to promote claim struck out as out of time. Last comparator promoted in 2012, last complaint letter in 2014, claim brought in 2021. No explanation for delay. No reasonable prospect of being held to be in time.

Age discrimination claim for lower pay struck out on same basis as race claim — comparators were at different grade (Public Relations Officers vs Assistant). Difference due to grade, not age.

Retirement benefit claim allowed to proceed subject to clarification. Tribunal noted it was pleaded as age discrimination but logically could not be direct discrimination as all employees treated the same. May be indirect discrimination or breach of contract. Claimant ordered to provide further particulars to clarify basis of claim.