Claimant v Lloyds Banking Group (HBOS Plc)

The tribunal concluded the claimant was dismissed for reasons relating to capability - poor performance. The respondent genuinely and on reasonable grounds believed the claimant was unable to perform to the required standard of a Band E manager, particularly in terms of providing insight and practical recommendations. The claimant was given extensive training, coaching and support over 6 months before a one-month informal PIP, then a five-month formal PIP. She was repeatedly warned of the risk of dismissal and given opportunities to improve. The dismissal was within the band of reasonable responses and followed a fair process.

The tribunal found no facts from which race discrimination could be inferred. The sole alleged evidence was a comment ('for her kind') said to have been made by Ms Garbutt at a November 2019 meal. The tribunal found this comment was not made - Ms Garbutt's denial was credible, no other attendees heard it, and the claimant only raised it 18 months later. The tribunal concluded the performance management process and dismissal were genuinely because of capability concerns, not influenced by race.

The claimant alleged that the institution and implementation of the performance improvement plan was less favourable treatment because of race. The tribunal found the PIP was initiated because of genuine performance concerns evidenced from multiple sources from early 2019. The claimant's comparators (Mr Walsham and Ms Jenkins) performed better and were not on PIPs. No facts pointed to race being a factor - the respondent's motivation was performance-related.

The claimant alleged discrimination in the handling of her grievance and grievance appeal. The tribunal found both were thoroughly investigated with detailed outcomes. Ms Shepherd and Mr Blott reached reasoned and reasonable conclusions. There were no facts from which race discrimination could be inferred in how they conducted the process or reached their decisions.

The claimant alleged less favourable treatment in being denied access to training. The tribunal found she was given extensive training, coaching and support - indeed an exceptional amount of management time was devoted to her. Weekly reviews, one-to-ones, training sessions with multiple colleagues were all documented. Her request to shadow someone other than Ms Higgins was actioned quickly in July 2019. No facts suggested race influenced training provision.