HMRC Worker Wins £16,000 After False Allegations of Trying to Harm Russians

An Armenian trainee at His Majesty's Revenue and Customs (HMRC) has been awarded £16,506.95 in compensation after being subjected to race discrimination. The employee, identified only as Ms. X, was falsely accused by her line manager, Damian Robson, of intending to use her position to harm Russians, which led to a disciplinary investigation and a written warning.

Ms. X began working at HMRC in January 2019, completed her probation, and returned in July 2022, at which point Mr. Robson became her manager. She had previously changed her surname in 2019 because it was distinctive and identified her as Armenian from Abkhazia, a region where, the tribunal heard, intimidation of women is not uncommon.

Upon her return, Ms. X noticed her old surname was still visible on the HMRC system to all 65,000 employees. When she raised this with Mr. Robson, he questioned her extensively in an open-plan office, which she found unsettling due to her Russian accent and apprehension about privacy. Despite her concerns, Mr. Robson dismissed them, stating his law enforcement experience, and took no action. Ms. X eventually approached HR herself, and her old name was removed a month later.

Later, during a discussion about departmental assignments, Ms. X expressed a preference for Customs & International Trade, citing her research background and potential usefulness of her Russian language and cultural experience. Mr. Robson took notes during their hour-long meeting without her knowledge. He later compiled these notes into a 91-paragraph document that included a fabricated quote attributed to Ms. X: "I could get back at Russia for killing my family." He sent these notes to Ms. X while she was on holiday, claiming they were an accurate reflection of their conversation.

Ms. X replied that the notes were inaccurate, but Mr. Robson used the alleged quote to initiate a disciplinary investigation into her conduct on September 1, 2022. The investigation, led by a manager with no prior experience in such matters, used Ms. X's own safety concerns to label her "medically paranoid." This manager dismissed Ms. X's evidence and suggested Mr. Robson had no motive to fabricate information. The investigation concluded that the accusation of "getting back at Russians" was proven simply because the word "Russian" had been mentioned in the meeting. Ms. X received a first written warning.

Her appeal, handled by a second manager with no relevant experience, also failed. This manager substantiated an incorrect allegation that Ms. X had stated she would use her position to kill Russians. The appeal was not upheld.

An employment tribunal in Edinburgh later concluded that Ms. X was a victim of direct and indirect race discrimination. Employment Judge Melanie Sangster stated that if Ms. X had made the alleged statement about harming Russians, Mr. Robson's reaction would have been one of shock and condemnation, not simply dismissing it. The judge found that Mr. Robson had falsely accused Ms. X of misconduct because of her race, and that the other comments attributed to her were not said. Therefore, HMRC was found to have treated Ms. X less favorably because of her race in falsely accusing her of misconduct.

HMRC has been ordered to pay Ms. X, who continues to be employed by the organization, £16,506.95 for injury to feelings. Claims of harassment related to race were dismissed.