Miss S Camara v City Leeds Cleaners Decontamination Solutions Ltd: 1810134/2018
JUDGMENT
The claim of race discrimination is dismissed.REASONS
[1]The Claimant has already had a judgment in her favour for the monies owing to her when she was dismissed.[2]In her claim form (ET1) she has also said that she is claiming race discrimination, but gives no details apart from saying that she was treated like a slave and her contract was just ended. The Claimant is black.[3]Because a Response has not been entered to this claim the preliminary hearing to clarify the issues was cancelled.[4]I have therefore, today, clarified the issues in discussion with her and have heard evidence from the Claimant.[5]The Claimant was dismissed on Monday 16th July 2018 (not 16th June as stated in the ET1).[6]She went on holiday to Freetown, Sierra Leone, for 5 weeks from 6th June to 12th July. The Claimant says that this had been authorised by her manager.[7]When she telephoned the owner of the business on Monday 16th July to ask about coming back to work he said that he did not want to see her. Case: 1810134/2018[8]The Claimant accepts that there was an issue between them about whether or not her holiday had in fact been authorised.[9]The Claimant says “he crossed the line on me”: that is he did not want to talk to her.[10]She asked if this was because of her colour and was told it was not.[11]Whilst the Claimant was, I accept, treated rudely as well as not being properly paid all the sums owing to her at the date of termination, unfair treatment is not the same as discrimination.[12]On this evidence the Claimant has not established any facts from which I could conclude that she was treated in this way because of her race. That is, there is no evidence on which I could properly decide that she has in fact been treated less favourably that a white person would have been in the same circumstances. It is not enough that the Claimant herself may believe this to be the case.[13]Even though this claim is undefended it cannot, therefore, succeed.