Claimant v Combined Technical Solutions Limited

The tribunal found no evidence linking any of the alleged conduct to the claimant's race, nationality, accent or dialect. The tribunal noted the claimant provided no evidence of how his race was related to the treatment, no comparator evidence, and the respondent provided credible non-discriminatory explanations for all conduct. The tribunal concluded none of the treatment was related to the protected characteristic.

The tribunal found the claimant failed to shift the burden of proof, providing no evidence that race was even part of the reason for any treatment. All incidents had credible non-discriminatory explanations related to the new working systems, the claimant's refusal to follow supervisory instructions, and the disciplinary process. A hypothetical comparator would have been treated the same way in the same circumstances.

The tribunal found no fundamental breach of contract. The initial breach regarding shift patterns was rectified by September 2022 when the respondent confirmed the claimant only needed to work 10am-7pm shifts. The claimant resigned because he did not want to work under the new supervisory systems and did not want to account for his time to Mr Rajendran, not in response to a breach of contract. Requiring an employee to report to a supervisor does not breach the implied term of trust and confidence.