Ms R Silweya v Gowrie Care Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) 5  Case No:  4102867/2023 Held in the Edinburgh Tribunal on 11-15 December 2023 and (deliberations in chambers) on 21 December 2023 10 Employment Judge L Murphy Tribunal Member G Powell Tribunal Member M Watt 15 Ms R Silweya Claimant Represented by: Mr R Wachtel, Solicitor 20 Gowrie Care Limited Respondent Represented by: 25 Ms A Stobart, Advocate 30

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Tribunal is that the claimant’s complaints of direct race discrimination and harassment related to race are not well founded 35 and are dismissed.

REASONS Introduction

1. The claimant is of Black (African) ethnicity. She complains direct race discrimination under section 13 of the Equality Act 2010 (“EA”) and 40 harassment related to race under section 26 of the EA. The respondent denies the allegations in their entirety.   4102867/2023 Page 2 Amendment application

2. During the preliminaries the claimant sought leave to amend the claim to advance a case that her dismissal was directly discriminatory because of race and/ or that it was an act of harassment related to race. The 5 respondent opposed the application. Leave to amend was granted and oral reasons were given.