Legal issue Did the respondent discriminate against the claimant based on his race in the disciplinary procedure and was the claimant unfairly dismissed?
Headnote
EMPLOYMENT LAW. RACE DISCRIMINATION. The case involves a claimant's allegation of race discrimination and unfair dismissal against their employer. The tribunal found that the respondent did not directly discriminate against the claimant but did indirectly discriminate against them in the disciplinary procedure. The claimant was awarded compensation for loss of earnings, loss of statutory rights, injury to feelings, and unfair dismissal.
This case is also valuable for individuals who have faced dismissal on potentially fair grounds but experienced a lack of procedural fairness. In such situations, we should consider analyzing a potential “Polkey” reduction.