Racial harassment claim dismissed as out of time and unsupported by evidence
A tribunal dismissed a former NHS assistant practitioner's racial harassment claims, finding the allegations were not supported by evidence and were brought too late. The claimant was ordered to pay £5,000 costs for unreasonable conduct.
1 min read · Last updated 19 May 2026
Case details
- #racial-harassment
- #out-of-time
- #costs-awarded
- #unreasonable-conduct
- #mixed-race
Key facts
- The claimant began employment as an Assistant Practitioner on 22 January 2019 and was dismissed for gross misconduct on 17 December 2020.
- The claimant alleged three incidents of racial harassment: being called a 'skinny bitch' in February 2019, being ignored in meetings, and a driving licence inspection in July 2019.
- The tribunal found that the documentary evidence and witness testimony did not support the claimant's allegations.
- The claimant's line manager, Mr Hennessy, was found to have been supportive and encouraging throughout her employment.
- The allegations from February and July 2019 were substantially out of time, and the tribunal declined to extend time.
- The claimant was ordered to pay £5,000 costs for unreasonable conduct in pursuing the claim.
Timeline
-
Employment started
Claimant began work as an Assistant Practitioner for the respondent.
-
Alleged 'skinny bitch' comment
A colleague called the claimant a 'skinny bitch'. The claimant reported it to her line manager but did not want further action.
-
Supervision meeting
Claimant raised the comment with Mr Hennessy, who discussed context and asked if she wanted action; she declined.
-
Driving licence inspection
Ms Murrell inspected the claimant's driving licence for a lease car. Claimant alleged the inspection was overly thorough due to her place of birth (Zambia).
-
Late leave request granted
Claimant requested leave at short notice; Mr Hennessy granted it.
-
Concern for claimant
Claimant failed to attend work; Mr Hennessy tried to contact her and drove to her mother's house.
-
Dismissal
Claimant was dismissed for gross misconduct.
-
Preliminary hearing
Employment Judge Bloom dismissed the unfair dismissal claim due to insufficient service; racial harassment claim allowed to proceed.
-
Full merits hearing
Tribunal heard evidence over three days on the racial harassment claim.
-
Judgment
Tribunal dismissed all claims and ordered claimant to pay £5,000 costs.
The legal issue
The tribunal had to decide whether the claimant was subjected to racial harassment by colleagues and managers, and whether the claims were brought within the three-month time limit required by the Equality Act 2010.
The outcome
The tribunal dismissed all claims of racial harassment. The key reasons were:
- The documentary evidence, including supervision meeting minutes, showed the claimant's line manager was consistently supportive and encouraging, contradicting her allegations of hostile treatment.
- Witness testimony from other staff members was unchallenged and undermined the claimant's account of the driving licence inspection and other incidents.
- The first and third allegations (the 'skinny bitch' comment in February 2019 and the driving licence check in July 2019) were brought well outside the three-month time limit, and the tribunal found no reasonable excuse for the delay.
- The claimant's conduct in pursuing the claim was deemed unreasonable, leading to a costs order of £5,000 against her.
Lessons & takeaways
- Time limits for bringing discrimination claims are strict — you generally have three months from the last act of discrimination to present your claim to the tribunal.
- Keep a record of any incidents you believe are discriminatory, and raise concerns promptly with your employer or a union representative.
- If you bring a claim that the tribunal considers unreasonable or without merit, you risk being ordered to pay the other side's costs.
- Documentary evidence such as meeting minutes and emails can be crucial — if you disagree with a record, raise it at the time rather than later claiming you never read it.
This case shows how important it is to bring discrimination claims promptly and to have solid evidence to back them up. The claimant, a mixed-race assistant practitioner at an NHS trust, alleged three incidents of racial harassment over a period of several months, but the tribunal found that the evidence simply did not support her story.
What the tribunal looked at
The key allegations were: being called a 'skinny bitch' by a colleague in February 2019; being ignored in meetings by her line manager; and an overly thorough check of her driving licence in July 2019 because it showed her place of birth as Zambia. The tribunal heard from several witnesses, including the line manager, whose detailed supervision notes showed he had been consistently supportive — encouraging her, praising her work, and even driving to her mother's house when she failed to attend work. The claimant had never challenged these notes at the time.
Why the claims failed
Two of the three incidents were well outside the three-month time limit for bringing a discrimination claim, and the tribunal found no good reason to extend that deadline. On the merits, the tribunal concluded that the 'skinny bitch' comment was not related to race, the manager had not ignored her, and the driving licence check was a routine process that lasted only a few minutes. The claimant had also failed to cross-examine key witnesses, which weakened her case further.
The costs warning
The tribunal ordered the claimant to pay £5,000 towards the trust's legal costs, finding that she had acted unreasonably in pursuing a claim that had little prospect of success. This is a reminder that employment tribunals can impose costs where a party has conducted proceedings in an unreasonable way — something claimants should bear in mind before bringing a case without strong evidence.
Similar cases
Former employee's claim dismissed as out of time nearly six years after leaving
A former employee's unfair dismissal, sex discrimination and whistleblowing claims were thrown out after he presented them almost six years after his employment ended. The tribunal also ordered him to pay £400 in costs.
Security worker's unfair dismissal claim fails due to breaks in service
A security worker who knew he lacked two years' continuous employment pursued an unfair dismissal claim anyway. The tribunal dismissed the claim and ordered him to pay £8,696 in costs.
Former employee's claims struck out as out of time and for unreasonable conduct
A former employee's unfair dismissal, whistleblowing and discrimination claims have been struck out after being brought too late, with the tribunal also citing unreasonable conduct. The respondent was awarded £5,000 in costs.
Former ambulance service employee's claim struck out as out of time
A former ambulance service employee had her unfair dismissal and disability discrimination claims struck out after lodging them over three weeks late. She was ordered to pay £4,305.48 in costs.