Claimant v DHL Services Limited
Outcome
Individual claims
The tribunal found no evidence that the change in shift pattern on 12 September 2022 was motivated by the claimant's race. The Traffic Operator made the change due to operational requirements and the claimant did not establish that British or other non-Romanian colleagues were treated differently in similar circumstances. There were no facts from which discrimination could be inferred.
Facts
The claimant, a Romanian HGV driver employed from December 2021, was suspended on 15 September 2022 after refusing to undertake a fourth shunt and allegedly making threatening comments. This followed incidents on 12-13 September involving changed shift patterns and a confrontation with management. An investigation meeting on 29 September revealed he had admitted to working through breaks. He was dismissed on 14 October 2022 for breaching tachograph rules. His appeal was dismissed on 10 November 2022 after a 12-minute substantive hearing. He brought 11 complaints of direct race discrimination relating to these events.
Decision
The tribunal dismissed all 11 race discrimination complaints. While finding numerous procedural failings and shortcomings in the respondent's handling of matters - including inadequate investigation, heavy-handed management responses, and an unfair appeal process - the tribunal concluded these did not amount to race discrimination. The tribunal found the claimant had not established facts from which discrimination could be inferred, applying the principles from Bahl v The Law Society that unfairness alone does not prove discrimination.
Practical note
Procedural unfairness and poor management practices, even when substantial, do not establish race discrimination without evidence linking the unfair treatment to the protected characteristic.
Legal authorities cited
Statutes
Case details
- Case number
- 3300613/2023
- Decision date
- 9 July 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HGV Driver
- Service
- 10 months
Claimant representation
- Represented
- No