Cases3206657/2021

Claimant v St Mungo Community Housing Association

23 January 2025Before Employment Judge BrewerLondon Eastremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found that none of the alleged acts by the respondent, separately or cumulatively, amounted to a breach of the implied term of trust and confidence. The respondent acted reasonably throughout, and the claimant refused to engage meaningfully with managers who were attempting to address her concerns. The alleged 'last straw' was innocuous and could not revive any earlier alleged breaches.

Direct Discrimination(race)failed

The tribunal found no direct evidence and no evidence from which it could infer race discrimination. The respondent provided reasonable explanations for all its conduct, supported by contemporaneous evidence. Comparators relied upon by the claimant were not in materially the same circumstances, and all treatment was untainted by race.

Harassment(race)failed

The tribunal found no evidence that any of the respondent's conduct had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Where conduct occurred, it was reasonable management action and not related to race.

Victimisationfailed

The tribunal found no evidence that the claimant was subjected to detriments because she had done protected acts. Some alleged acts predated the protected acts. The respondent's actions were reasonable responses to workplace issues and not motivated by the claimant's complaints.

Facts

The claimant, a Service Administrator at a housing charity, raised numerous complaints about her treatment including flexible working refusals, alleged downgrading of development objectives, being ignored before secondment, an informal warning about an email supporting a volunteer's racism complaint, issues with appraisal feedback, offensive images in presentations, and safe space concerns. She resigned in October 2021 claiming constructive dismissal and alleging race discrimination, harassment and victimisation. She was educated to Masters level and had worked for the respondent since October 2018.

Decision

The tribunal dismissed all claims. It found the respondent had acted reasonably throughout and that none of the alleged acts, separately or cumulatively, breached the implied term of trust and confidence. There was no evidence of race discrimination or harassment. The claimant often misrepresented facts, refused to engage with managers trying to help, and her comparators were not in materially similar circumstances.

Practical note

A litigant in person's subjective perception of unfair treatment and discrimination does not establish a claim where contemporaneous evidence shows reasonable management actions, no material comparators exist, and the employee consistently refuses to engage with processes designed to address their concerns.

Legal authorities cited

Malik v Bank of Credit and Commerce International [1998] AC 20Western Excavating v Sharp [1978] ICR 221Madarassy v Nomura International Plc [2007] ICR 867Igen v Wong [2005] ICR 931Omilaju v Waltham Forest LBC [2005] ICR 481Kaur v Leeds Teaching Hospitals NHS Trust [2019] ICR 1Richmond Pharmacology v Dhaliwal [2009] ICR 724

Statutes

ERA 1996 s.95(1)(c)Equality Act 2010 s.27Equality Act 2010 s.26Equality Act 2010 s.13

Case details

Case number
3206657/2021
Decision date
23 January 2025
Hearing type
full merits
Hearing days
6
Classification
contested

Respondent

Sector
charity
Represented
Yes
Rep type
barrister

Employment details

Role
Service Administrator
Service
3 years

Claimant representation

Represented
No