SAR findings…
Abit of a long one sorry but the detail is essential…
Race discrimination ET claim
Received SAR results and have reviewed the investigation transcripts which have revealed the following…
Question 1 — Investigator bias and ACAS uplift
The SAR has produced a transcript of the grievance investigator speaking to the most senior witness mid-investigation, before the outcome was reached.
The investigator said the following to the witness:
"She needs to focus on herself and development rather than trying to push the blame to somebody. I shouldn't be saying that really, but it's all evidence based."
Additional context:
- The investigator acknowledged in the same conversation that face-to-face allegations "become he said she said" and cannot be delivered on — effectively pre-deciding the outcome before finishing the investigation
- In the transcript he said that he had used this witness's account of the relationship between myself and my manager as the primary lens through which to understand the complaint.
- The investigator was structurally subordinate to the witness — both in the same capability unit, the witness being more senior
- The witness had already told the investigator the allegations had "no substance" and that I had "gone ridiculous" by raising them
- The investigator acknowledged mid-conversation that he should not be saying what he was saying
Does this constitute direct evidence of investigator bias sufficient to support the full 25% ACAS Code uplift? And does it go to the root of the investigation's fairness in a way that undermines the outcomes?
Question 2 — PIP as victimisation under s.27(1)(b)
I told the witness from question 1 that I was considering raising a formal grievance (because he is the lead of my team, and my managers manager). On that same day later in the evening, he emailed a colleague — and this is the first time a PIP appears in any document relating to my employment.
Key facts:
- No PIP or mention of a PIP was documented before that date. Over the course of my employment I have always received glowing feedback. SAR proves this.
- It was never communicated to me formally at any point. I’ve only found out about this PIP conversation through the SAR and grievance outcome, because he essentially said I’m a disgruntled employee who “feels exposed” because I can’t handle performance management. Absolutely no performance management discussions took place, and my complaints are completely separate to anything performance related.
- When I received a new manager, no mention of a PIP ever came up. I’ve had this new manager for 8 months now and not a single performance concern has been raised.
Does signalling to a senior colleague an intention to raise a grievances constitute a protected act within s.27(2) sufficient to engage s.27(1)(b) — detriment because the employer believed the claimant might do a protected act — given that the PIP appeared in writing the same day?
Im considering updating my ET1 with the new information I’ve been furnished with but idk if they will argue that because I didn’t actually end up on a PIP, that I’ve suffered no detriment?
Would appreciate some informed opinions!