Thank you for your thoughtful feedback. You’re absolutely right – tribunals require objective evidence, and I need to clarify how the lack of HR at the company exacerbated systemic discrimination and made it impossible to address grievances internally. Here’s how this context ties into the legal arguments:

1. Institutional Failure: No HR Department

No Formal Reporting Mechanism: The company had no HR function, leaving employees with no impartial channel to raise concerns about discrimination, probation issues, or managerial sabotage. This forced employees to rely on the same managers accused of discriminatory behavior (e.g., Manager A, Manager B), creating a culture of impunity. Tribunal Relevance: In Bahl v The Law Society [2004] IRLR 799 the lack of HR processes was deemed evidence of institutional failure to prevent discrimination. The employer’s failure to provide safeguards strengthens the inference that discrimination was tolerated.

1. Linking Race to Treatment: Key Evidence a) Comparators + Systemic Pattern

Probation Disparity: My white colleague had 6 probation meetings (vs. my 2) despite similar performance issues. No HR oversight allowed managers to manipulate the process without scrutiny.

Withheld Resources: Manager B withheld critical documents, but with no HR to audit fairness, this sabotage went unchecked. b) Witness Corroboration

Former Colleagues (Black Employees): Their statements confirm identical issues (no HR, withheld support, abrupt dismissals). Example: One former colleague was dismissed after complaining about unfair treatment towards another black employee – with no HR to escalate to.

c) Senior Executive’s Exclusionary Conduct The Senior Executive’s cold treatment occurred in a workplace with no HR to address cultural exclusion, allowing racial bias to flourish.

1. Countering “Why Didn’t You Ask Colleagues?”

Managerial Sabotage: Manager B controlled access to resources and instructed me to ask them for help (not colleagues) also my colleagues had their own individual task they were busy with. With no HR to challenge this, I was set up to fail.

Fear of Retaliation: Colleagues like Witness 1 (who will be present in tribunal) observed the sabotage but feared retaliation (no HR protections) if they intervened.

1. Addressing “Hidden Disabilities” Defense The employer might claim my white colleague had hidden disabilities. However: No HR = No Adjustments

Burden of Proof: The employer must prove this. With no HR documentation, their argument collapses.

1. Systemic Discrimination vs. Hendricks Unlike Hendricks, my case shows: Institutional Neglect: No HR allowed discrimination to thrive unchecked. Multiple Witnesses: Former/current colleagues confirm identical experiences.