Claimant v Royal Mail Group Limited
Outcome
Individual claims
Tribunal found respondent breached implied term of mutual trust and confidence by: failing to progress bullying and harassment investigation in reasonable time (Miranda took no action between October 2022 and January 2023); stopping claimant's pay without reasonable cause in December 2022 despite claimant complying with sickness procedures and requesting alternative contact arrangements. These acts, without reasonable cause, were calculated to and did seriously damage trust and confidence, constituting fundamental breach entitling claimant to resign.
Tribunal found Cooper discussed claimant's immigration status with another employee (Carlos) inappropriately, breaching privacy. Cooper apologised and union intervened, confirming conduct was wrong. This was less favourable treatment related to claimant's race (black man from Trinidad and Tobago). Tribunal rejected Cooper's unsworn explanation, preferring claimant's sworn evidence.
Tribunal found Cooper's 'gold teeth' comment did not at the time or later have effect of creating intimidating, hostile or offensive environment for claimant, though it was direct discrimination. For canteen incident, break time changes, timekeeping meeting, waiting at entrance, and home visit, tribunal found conduct either not related to race or did not have proscribed purpose or effect.
Facts
Claimant, a black postman from Trinidad and Tobago, worked for Royal Mail from 2016. Between 2020-2022 his line manager Cooper: discussed his immigration status with another employee; made comments about him being 'different' with 'gold teeth'; changed his break times so he was alone; moved him from preferred SD locker role without consultation on return from sick leave. Claimant raised bullying and harassment grievance October 2022 while signed off with work-related stress. Respondent took no action on investigation for months, continued to contact him despite requests to stop, threatened to and did stop his pay December 2022. He resigned February 2023 citing intolerable conditions and breach of contract.
Decision
Tribunal found claimant constructively and unfairly dismissed due to respondent's failure to progress investigation and unreasonable stopping of pay, breaching implied term of trust and confidence. Tribunal found four acts of direct race discrimination by Cooper (immigration discussion, 'gold teeth' comment, break time changes, manner of SD locker move) but dismissed other allegations including harassment claims. Time extended on just and equitable grounds for out-of-time discrimination claims given claimant's reluctance to immediately label conduct as racist and respondent's delay in investigating.
Practical note
Employers must progress grievance investigations promptly, especially when employee off sick with work-related stress, and cannot stop pay without reasonable cause; pattern of discriminatory treatment by line manager, even if individual acts seem minor, can cumulatively demonstrate systemic race discrimination warranting time extension.
Legal authorities cited
Statutes
Case details
- Case number
- 1403724/2023
- Decision date
- 25 November 2024
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Postman (Operational Postal Grade)
- Salary band
- £20,000–£25,000
- Service
- 6 years
Claimant representation
- Represented
- No
- Rep type
- lay rep