Telent Technology Services Ltd

Case Summary

The claimant, a black Systems Engineer, claimed race discrimination and harassment in relation to work allocation, absence investigation procedures, and a recruitment process for a commissioning engineer role, as well as constructive unfair dismissal. The tribunal dismissed all claims, finding no evidence of less favourable treatment on grounds of race and that the claimant's resignation did not result from an actionable breach of contract.

The tribunal found no direct race discrimination in any of the alleged incidents, including work allocation, absence investigation procedures, or the recruitment process for the commissioning engineer role. The tribunal also rejected the harassment claim and the constructive dismissal claim, finding no breach of the implied term of trust and confidence in the employment relationship.

• •Direct race discrimination - allocation of work (periodic inspections vs higher-level configuration work)
• •Race discrimination - absence investigation procedure and timing
• •Race discrimination - investigation meeting on 13 August 2021 (advance notice, preparation, meeting notes)
• •Race discrimination - commissioning engineer role recruitment process
• •Race harassment
• •Unfair constructive dismissal

Case No: 3304364/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr D Kaggwa Respondent: Telent Technology Services Ltd Heard at: Reading On: 5, 6 - 8 December 2023, 18 & 19 June 2024 and in chambers: 9 July & 2 August 2024 Before: Employment Judge Anstis Ms C M Baggs Ms F Tankard Representation Claimant: Mr O Foy (counsel) Respondent: Ms K Hosking (counsel) RESERVED JUDGMENT The claimant’s claims are dismissed. REASONS A. INTRODUCTION 1. The claimant was employed by the respondent as a Systems Engineer (Level 3) from December 2014 until his resignation which took effect on 23 August 2022. 2. In the period with which this claim is concerned, the claimant was based at the respondent’s Heathrow depot and worked in south London on its contract with Transport for London for maintenance and installation of traffic signals. 3. The claimant’s claims are of race discrimination (direct discrimination and harassment) and unfair constructive dismissal. The parties had prepared for the purposes of this claim an agreed list of issues which is included as appendix 1 Case No: 3304364/2022 2 to this decision. This omits questions of remedy, as this hearing and judgment addresses only questions of liability. 4. For the purposes of his race discrimination claim the claimant refers to himself as black. The parties agreed that as (i) the claimant contacted ACAS on 15 December 2021, (ii) his early conciliation certificate was issued on 25 January 2022 and (iii) he brought his claim on 12 April 2022, any complaint of an act of race discrimination that occurred before 13 December 2021 is brought outside the standard time limit for an individual act of discrimination. 5. This hearing was listed to take…