Charity wins racial discrimination claim after worker’s conduct and attitude found to be reason for negative feedback

The intricacies of workplace dynamics and discrimination claims in the case of Miss LS v Autism at Kingwood. Read the tribunal’s findings, which reveal how conduct and attitude played a pivotal role, challenging perceptions of racial discrimination within the charity sector.

In the case of Miss L S v Autism at Kingswood a woman’s claim of racial discrimination and victimisation against an autism charity has been dismissed after a tribunal found that her ‘conduct at work and attitude’ had caused negative feedback, rather than her race.

Miss LS from Aylesbury brought a claim against the Berkshire-based charity Autism at Kingwood in September 2023, following “direct race discrimination and victimisation”.

Autism at Kingwood is a charity and social provider based in Earley which provides support for those with severe autism.

Miss LS was an employee based in Aylesbury who was also required to visit areas including High Wycombe for work, and her claims related to incidents that happened between February 2020 and June 2021.

Emails given to the employment tribunal indicated that she was “often late, cancelled shifts at the last minute, wasn’t a team player and did not listen to (other) staff”.

However, she accused several of her superiors at the charity of discrimination following perceived preferential treatment, what she believed to be an unwarranted extension of her probation period and “ethnic minorities in the team not being promoted”.

Judge Skehan dismissed Miss LS’s claims of discrimination and victimisation and declared them to be unsuccessful.

The judge said it was Miss LS’s “conduct at work and attitude towards her colleagues” that had resulted in “situations where she has received negative feedback”.

Adding: “There is no evidence before the tribunal to suggest that praise or criticism was expressed for any reason related to race.”

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