Claimant v Transport UK London Bus Limited

The tribunal found that the alleged protected disclosures of 9 December 2021 and 21 January 2022 did not explicitly raise concerns about misuse of union funds or coercive control and made no reference to legal obligations. For the third alleged disclosure, the tribunal concluded the claimant's case on causation was based on circumstance and suspicion rather than facts from which a causative link could be inferred.

The tribunal examined whether stereotypical language used to describe the claimant's conduct ('aggressive', 'shocking', 'desperate') was discriminatory. After questioning witnesses, the tribunal concluded the words were neutral descriptions given by witnesses to describe what they saw and heard, not overlaid by any conscious or subconscious racial discrimination. Comparators relied upon were found not to be actual comparators under s.23 Equality Act 2010.

Claims under s.146 TULR(C)A 1992 were mostly out of time. The claim about suspension was out of time. In any event, the tribunal found that the effect of the act complained of is not the same as the reason for the act.

An application to add one further complaint of harassment was refused taking into account the facts of the alleged failure, the relevant time limits and the balance of hardship.