Claimant v London United Busways Limited
Outcome
Individual claims
The tribunal found the complaint of direct race discrimination was not well-founded. After hearing evidence over four days, the tribunal was not satisfied that the claimant had established facts from which it could be concluded that discrimination occurred.
The tribunal found the complaint of harassment related to race was not well-founded. The tribunal determined that the conduct complained of did not meet the statutory definition of harassment or was not related to the protected characteristic of race.
The tribunal found the complaint of victimisation was not well-founded. The tribunal was not satisfied that the claimant had done a protected act or that any detriment suffered was because of a protected act.
Facts
Mr McKenzie, a self-represented claimant, brought claims of direct race discrimination, harassment related to race, and victimisation against his employer London United Busways Limited, a transport company. The case was heard over four days in January 2025 before a full tribunal panel at Watford Employment Tribunal.
Decision
The tribunal dismissed all three claims as not well-founded after a four-day hearing. The tribunal found that the claimant had not established facts from which it could conclude that discrimination, harassment, or victimisation had occurred.
Practical note
A self-represented claimant in a discrimination case must still satisfy the burden of proof by establishing a prima facie case before the burden shifts to the employer to provide a non-discriminatory explanation.
Case details
- Case number
- 3313415/2022
- Decision date
- 29 January 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No