National Trust Employee Loses Discrimination Claim and Faces Substantial Costs
A former National Trust worker who described her manager as a 'white saviour' after he invited her to join a diversity and inclusion group has been ordered to pay the charity £19,000 towards its legal costs. This follows the dismissal of her race discrimination case at an employment tribunal last year.
The Background of the Case
Abida Jenkins, a sewing influencer of Indian-Pakistani descent with an engineering degree, began working as a technical demonstrator at Quarry Bank Mill in Styal, Cheshire, during the summer of 2022. The heritage site, operated by the National Trust, features industrial cotton-making machines where staff demonstrate their operation to visitors.
In early August 2022, Wayne Carter, the volunteer and community manager at the mill, approached Jenkins as part of his duties to relaunch a diversity group. This initiative aimed to consider protected characteristics relating to volunteers, employees, and visitors. Carter explained the group's focus on diversity and inclusion and asked if she was interested in joining.
Allegations and Tribunal Findings
Jenkins alleged that Carter repeatedly asked her to join the group, even after she declined, and that these requests were made inappropriately in front of visitors. She claimed she felt singled out as a person of colour, describing Carter as a 'superficial individual presenting himself as a white saviour.'
However, the employment tribunal, held in Liverpool and presided over by Judge Dawn Shotter, found that Jenkins had exaggerated her evidence. The tribunal concluded that she was not pressured to join the group and had not been singled out based on her race. Judge Shotter stated that Jenkins had an unjustified sense of grievance, imagining slights and conspiracies where none existed.
The tribunal also noted that if Jenkins genuinely felt the requests were inappropriate, she would have raised a complaint at the time. Instead, she initially expressed satisfaction after Carter was spoken to and said he was mortified to have caused upset, apologizing and agreeing not to raise the issue again.
Escalation and Resignation
Following the diversity group incident, Jenkins' relationship with her managers deteriorated. She received a verbal warning in June for using equipment without supervision, which she contested by submitting a formal grievance. Subsequently, she resigned from her position and took legal action against the National Trust, alleging race, sex, and age discrimination.
All claims were dismissed by the tribunal, which described Jenkins as sensitive to diversity issues but found no evidence of discrimination. The panel emphasized that her recollection of events was not supported by the facts, and Carter's actions were part of his professional responsibilities.
Financial and Legal Repercussions
In a unanimous judgment, the tribunal ordered Jenkins to pay £19,000 to the National Trust to cover a portion of its legal costs. This decision underscores the financial risks associated with unsuccessful employment tribunal claims, particularly when allegations are deemed exaggerated or unfounded.
A spokeswoman for the National Trust reiterated the charity's commitment to creating an inclusive environment for staff and volunteers but declined to comment on specific cases due to confidentiality obligations. The Daily Mail has approached Jenkins for comment on the ruling.
This case highlights the complexities surrounding diversity initiatives in the workplace and the legal challenges that can arise when perceptions of discrimination clash with tribunal findings. It serves as a cautionary tale about the importance of clear communication and evidence in employment disputes.
