Race discrimination claims dismissed after short service and late complaint
A traffic management operative with only six weeks' service failed to prove his dismissal and a WhatsApp chat containing racist comments amounted to race discrimination. The tribunal dismissed the claims.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #harassment
- #whatsapp-group-chat
- #racial-stereotypes
- #trial-period
- #dismissal
Key facts
- The claimant was employed as a traffic management operative from January to February 2020.
- The claimant was dismissed on 14 February 2020 during his 90-day trial period due to performance and conduct issues.
- On 31 January 2020, a WhatsApp group chat among employees contained racially offensive comments and a video about the claimant.
- The claimant did not raise the WhatsApp chat as a grievance until August 2020, over six months later.
- The claimant had less than two years' service and did not qualify for unfair dismissal protection.
- The tribunal found the dismissal was not related to race and the harassment complaint was not well-founded.
Timeline
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Employment started
The claimant commenced employment with Total Resources (UK) Ltd as a traffic management operative, subject to a 90-day trial period.
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WhatsApp group chat incident
During a work-related WhatsApp chat, colleagues posted a racially offensive video and made comments about the claimant's race and appearance.
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Incident at Chignal St James
The claimant set up traffic management in the wrong location on a dangerous road and initially refused to return to correct the error.
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Dismissal
The claimant was dismissed by Mr Lyons due to cumulative performance and conduct issues during his trial period.
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ET1 claim presented
The claimant presented his claim to the employment tribunal, alleging unfair dismissal and race discrimination.
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First case management hearing
The claimant first raised the WhatsApp chat incident as a complaint of race-related harassment.
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Unfair dismissal struck out
Employment Judge Burgher struck out the unfair dismissal claim due to insufficient qualifying service.
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Final hearing (day 1)
The tribunal heard evidence from witnesses, including the claimant and respondent's witnesses.
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Judgment given
The tribunal dismissed the claims of direct race discrimination and harassment, finding them not well-founded.
The legal issue
The tribunal had to decide whether the claimant's dismissal and a WhatsApp group chat containing racially offensive comments about him amounted to direct race discrimination and harassment related to race under the Equality Act 2010.
The outcome
The tribunal dismissed the claims of direct race discrimination and harassment related to race.
- The dismissal was not related to race; it was due to the claimant's performance and conduct during his trial period, including a serious error on 13 February 2020.
- The WhatsApp chat incident was not raised until over six months later, and the tribunal found it did not form part of a continuing course of conduct linked to the dismissal.
- No compensation was awarded.
Lessons & takeaways
- Employees with less than two years' service cannot bring ordinary unfair dismissal claims, but can still bring discrimination claims if they have evidence.
- If you experience harassment at work, raise it promptly with your employer – delays can harm your case, especially if the claim is brought late.
- A dismissal during a trial period is not automatically discriminatory; employers can dismiss for genuine performance or conduct reasons if they act reasonably.
- Keep records of any discriminatory comments or incidents, including screenshots of messages, and report them as soon as possible.
What this case shows
This case highlights the difficulties faced by employees with short service who try to link a dismissal to discrimination. The claimant, a traffic management operative, was dismissed during his 90-day trial period after just six weeks. He alleged that his dismissal was racially motivated and that a WhatsApp group chat containing offensive comments about his race amounted to harassment.
The tribunal accepted that the WhatsApp messages were racially offensive, but found that the claimant had not raised them until months after his dismissal, and that the dismissal itself was based on genuine performance and conduct issues – specifically, setting up traffic management in the wrong location on a dangerous road and initially refusing to correct the error.
What the respondent did right
Total Resources (UK) Ltd was able to show that the decision to dismiss was made by the depot manager based on cumulative concerns about the claimant's performance and conduct, not his race. The company also pointed out that the claimant had not raised the WhatsApp incident at the time, and the tribunal agreed that it did not form part of the same continuing conduct as the dismissal.
Why this matters
For employees, this case is a reminder that discrimination claims require a clear link between the protected characteristic (here, race) and the treatment complained of. A single offensive comment in a group chat, while unacceptable, does not automatically make a later dismissal discriminatory – especially if the employer can point to a genuine non-discriminatory reason. The case also underscores the importance of raising complaints promptly, as delays can lead to claims being dismissed as out of time.
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