Claimant v HM Revenue and Customs

Outcome

Facts

The claimant was an agency worker placed by Brook Street with HMRC at Ebbsfleet Inland Border Facility as an Administration Officer from December 2020. On 3 October 2022 there was an incident between the claimant and her supervisor Ms Chalk. On 4 October 2022, the site duty manager (employed by Wincanton, not HMRC) told the claimant to leave pending investigation. HMRC's Mr Khangura recommended to Brook Street that the claimant be stood down pending investigation. The claimant believed she had been dismissed and brought claims of race discrimination, alleging termination and failure to listen to her version of events were because of her Eastern European race.

Decision

Both claims dismissed. The tribunal found the claimant's assignment was not terminated but rather she was suspended pending investigation. Documentary evidence from Brook Street confirmed this. On the second claim regarding failure to listen to her version of events, the tribunal found that while the respondent's practice was poor, the claimant had not established a prima facie case that race was a factor. The claimant's own contemporaneous correspondence did not mention race, and she herself attributed the treatment to refusing a favour rather than to her race.

Practical note

Legal authorities cited