Outcome
Individual claims
Tribunal found no less favourable treatment because of race. Claimant alleged unequal pay compared to dedicated delivery drivers with HGV licences, but tribunal found these were inappropriate comparators doing different jobs. On health and safety incident, tribunal found no evidence that handling would have been different if claimant were white. On September 2022 promotion, claimant lacked retail managerial experience compared to successful candidate Ricky Jenkins. On alleged pressure to drive and comments about dismissal within two years, tribunal found no evidence of less favourable treatment or that comments were made. On training denial, tribunal accepted respondent's detailed evidence that claimant received appropriate training. On June 2023 promotion refusal, tribunal found decision was due to claimant's poor interview performance, not race.
Tribunal found no conduct related to race with proscribed purpose or effect. Claimant alleged multiple instances of harassment including unequal pay, unsafe working environment, pressure to drive, denial of training, and failure to promote. Tribunal found either the conduct did not occur as alleged, or where it did occur, it was not related to race and did not have the purpose or effect of violating claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Tribunal applied the test in Richmond Pharmacology Ltd v Dhaliwal, considering whether it was reasonable for the conduct to have the alleged effect, and concluded it was not.
Facts
Claimant, who describes himself as Black British, worked for respondent painting/DIY retailer from December 2021 to July 2023. He was promoted from customer service adviser to team leader in June 2022 and to deputy store manager designate in February 2023. In August 2022 he raised health and safety concerns about angle grinding works creating smoke in the store. In September 2022 he applied for a substantive deputy manager role but was not shortlisted; the successful candidate Ricky Jenkins had far more retail management experience. In June 2023 the claimant had a sign-off interview to become permanent deputy manager but performed poorly, giving sparse and dismissive answers. He was offered a six-week extension for further training but resigned instead. He brought claims of direct race discrimination and harassment related to race covering pay, health and safety handling, failure to promote, alleged pressure to drive, alleged lack of training, and other matters.
Decision
Tribunal dismissed all claims. It found the claimant received appropriate training and was not denied opportunities because of race. His non-shortlisting in September 2022 was due to lack of experience compared to the successful candidate. His failure to be signed off in June 2023 was due to his poor interview performance, not race. The tribunal accepted detailed evidence from the respondent's witnesses and found the claimant's evidence inconsistent and unsupported. No facts were established from which race discrimination could be inferred. The harassment claims also failed as the conduct was either not proven or not related to race and did not have the proscribed purpose or effect.
Practical note
Even where a claimant is from an ethnic minority and experiences unfavourable treatment including non-promotion, claims will fail without evidence connecting the treatment to race — a difference in treatment and difference in race alone are insufficient to shift the burden of proof, and tribunals will carefully scrutinise credibility where a claimant's evidence is inconsistent or lacks detail.
Legal authorities cited
Statutes
Case details
- Case number
- 2212748/2023
- Decision date
- 9 January 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Name
- LSDM Limited
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Customer service adviser, later promoted to team leader and deputy store manager designate
- Service
- 2 years
Claimant representation
- Represented
- No