Tolulope Fayokun v Johnson and Johnson Medical Limited

The EAT dismissed the appeal against findings of direct race discrimination and remitted the just and equitable time extension issue to the same Tribunal.

The Employment Appeal Tribunal gave judgment on 4 August 2026 in Johnson and Johnson Medical Limited v Tolulope Fayokun, case EA 2024 000169 JOJ, before Marcus Pilgerstorfer KC.

The Employment Tribunal had dismissed most claims but upheld three interrelated complaints of direct race discrimination. It found the claimant was subjected to a profiling exercise based on a generic Nigerian profile, that this was used in managing her, and that comments linked treatment to stereotypical Nigerian traits.