Sales manager's race and sex discrimination claims fail after tribunal finds incidents did not occur
A sales and lettings manager with four months' service lost her race and sex discrimination claims after the tribunal found the alleged incidents of harassment and discrimination did not happen as described. No compensation was awarded.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant, a White South African woman, was employed as Sales and Lettings Manager from 4 October 2021 until dismissal on 25 April 2022.
- The claimant alleged that a respondent made a remark 'yes, unfortunately she is also South African' on 9 February 2022, but the tribunal found the word 'unfortunately' was not used.
- The tribunal found that the claimant did not prove that any of the alleged incidents of discrimination or harassment occurred as described.
- The claimant's unfair dismissal claim was struck out due to insufficient service (less than two years).
- The claimant was dismissed for failing probation due to performance concerns, which the tribunal found were genuine and not related to race or sex.
Timeline
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Claimant started employment
Claimant began work as Sales and Lettings Manager for the Fourth Respondent, a residential sales and lettings agency.
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Alleged incident with Mr Lawton
Claimant alleged Mr Lawton laughed in her face and made a spitting action; tribunal found he was short but did not laugh or spit.
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Meeting with Mr and Mrs Tozer
Claimant raised concerns about Mr Lawton not responding to requests; tribunal found no mention of laughing or spitting.
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Mr Tozer met Mr Lawton
Mr Tozer discussed the claimant's concerns with Mr Lawton, who said he might have been short when asking the claimant to move away.
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Claimant raised mental health concerns
Claimant sent WhatsApp message to Mrs Tozer saying work was affecting her mental health; meeting was arranged but delayed due to illness.
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Alleged racial remark
During a staff meeting, Mr Lawton said a tenant was South African; tribunal found he did not say 'unfortunately'.
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Statistics dispute
Claimant asked Mr Lawton for statistics; he said Mr Tozer told him not to worry due to workload; tribunal found no laughing or hostility.
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Performance meeting
Mr and Mrs Tozer raised performance concerns including communication, eviction notices, and staff management.
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Claimant raised grievance
Claimant submitted a grievance alleging discrimination and harassment; she started sickness absence.
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Dismissal
Claimant was dismissed for failing probation due to performance issues.
The legal issue
The tribunal had to decide whether the claimant, a White South African woman, was subjected to direct race discrimination, sex discrimination, or harassment related to race or sex by her employer and colleagues. It also considered whether the alleged incidents—including a remark about her nationality, failure to provide statistics, and a sexual comment—actually took place.
The outcome
The tribunal dismissed all claims of direct race discrimination, sex discrimination, and harassment related to race and sex.
The key reason was that the claimant failed to prove that any of the alleged incidents occurred as described. The tribunal found that the remark about her being South African did not include the word 'unfortunately', and that other incidents—such as laughing in her face or making a sexual comment—were not supported by the evidence.
The claimant's unfair dismissal claim was struck out because she had less than two years' service, meaning she was not eligible to bring such a claim.
No compensation was awarded as all claims failed.
Lessons & takeaways
- If you have less than two years' service, you generally cannot claim unfair dismissal in the UK, so focus on discrimination claims if you believe your dismissal was discriminatory.
- To succeed in a discrimination claim, you must prove that the alleged incidents actually happened—tribunals will scrutinise the evidence closely.
- Keep a detailed record of any discriminatory comments or behaviour, including dates, times, and witnesses, to strengthen your case.
- Performance concerns during probation can be a legitimate reason for dismissal if they are genuine and not linked to a protected characteristic.
When discrimination claims don't stack up
This case shows the importance of evidence in discrimination claims. The claimant, a Sales and Lettings Manager, alleged a series of incidents including a racial remark, a sexual comment, and hostile behaviour from colleagues. However, the tribunal found that the key incidents either did not happen as described or were not discriminatory.
The tribunal noted that the claimant's performance was already under scrutiny before she raised her grievance. Her dismissal for failing probation was based on genuine concerns about communication, eviction notices, and staff management—not her race or sex.
What the employer did right
Ridgway Property Limited had clear performance concerns and documented them. They held a meeting on 16 February 2022 to discuss these issues, which the tribunal found was a legitimate response to performance problems. The employer also had a probationary period, which allowed them to dismiss the claimant without needing to prove gross misconduct.
Why this matters
For employees, this case is a reminder that discrimination claims require solid evidence. Simply alleging that something happened is not enough—the tribunal will look for corroboration. For employers, it shows that having a clear performance management process and documenting concerns can help defend against discrimination claims.
The claimant's unfair dismissal claim was automatically struck out due to her short service, highlighting the two-year qualifying period for such claims. However, discrimination claims have no service requirement, so employees with less than two years' service can still bring them if they have strong evidence.
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