Race discrimination claim dismissed as the decision to dismiss during probation was due to poor performance and failure to follow the social media policy.

The claimant was employed by the respondent for a brief period of 3 months from October 2022 to February 2023 as a Senior Market Operation Analyst. The claimant was dismissed during her probation period and the claimant alleged that the dismissal was on the basis of her race. The claimant alleged that she was called a ‘dumb n***er’ – this was denied in evidence and not challenged by the claimant in cross-examination [the claimant being a self-litigant].  The claimant also alleged that she had been treated differently by her line manager and submitted a grievance to that effect.  However, the evidence demonstrated the help that the line manager had given to the claimant and the appreciation shown by the claimant when receiving that help.

There had been issues in relation to the training and the claimant stated that she was taking more time to get to speed and may have to ask more questions.  She said in a meeting that if they (the respondent) didn’t think she was a good fit that she would leave. The line manager said that no one has said that about the claimant.

A number of issues arose within the workplace around this time with the claimant not attending a meeting with a senior colleague, missing a 1-2-1 with HR and incorrectly sending confirmation of a trade to the wrong client creating a security breach. The claimant also posted on social media which referred to conversations she had with work colleagues [referring to that colleague as a ‘bitch’ among other things] as well as a picture of the claimant in the respondent’s premises wearing a Citi lanyard.  The claimant was invited to a meeting on 10th February to discuss the social media activity and was told that it could lead to a decision that would extend her probation period or a decision to not confirm her probation period.  The claimant was terminated with immediate effect at that meeting and the claimant was advised the same in writing later that day.

The Tribunal found that the claimant had difficulty in performing the duties of the job and her performance was being marked at the lowest level possible. This was against the background of probation and compounded by the social media posts despite having been warned about the social media policy in relation to previous Instagram posts.  The dismissal had nothing to do with the claimant’s race but was about the claimant’s poor performance and conduct during her probation period. As a result, the claim was dismissed.

Even during a very short period of employment there can be issues arise which reach the door of the Tribunal.  As this was only three months into the employment there was no right not to be unfairly dismissed so it was solely on the issue of race discrimination. The range of issues arising during the claimant’s employment made it demonstrable that the reason for the dismissal was due to that poor performance rather than any difference of treatment relating to the claimant’s race.

NI Tribunal decisions are available on the OITFET website.