Interesting Employment Judgments released – 29.01.2018 to 04.02.2018

In the latest of our series of posts on Employment Tribunal judgments released, we examine ten Employment Tribunal judgments released in the last week (between 29 January 2018 and 4 February 2018) that our solicitors found interesting:

  1. Mr K Besz v Multi Packaging Solutions Ltd: 2602118/2016 – in this case the Employment Tribunal held that Mr Bedz had been racially harassed and directly discriminated against because of his race by a senior colleague at work (e.g. by comments such as “after Brexit I will vote to send you back to Poland”, among others) (Employment Tribunal judgment)
  2. Miss G Forde v Oasis Fashions Ltd: 2402940/2017 – in this case the Employment Tribunal held that Ms Forde had been unfairly dismissed because of a failure to carry out a reasonable investigation, but also held that the compensation that Ms Forde should be paid be reduced by 100% by way of Polkey reduction (Employment Tribunal judgment)
  3. Miss M Vambe v Equilibrium Healthcare Group Ltd: 2400195/2017 – in this case the Employment Tribunal held that Ms Vambe’s claim for constructive unfair dismissal failed as Equilibrium had not fundamentally breached her contract of employment. The Tribunal also ordered Ms Vambe to pay £3,760 to Equilibrium in respect of its costs as the Tribunal found that her claims had not had reasonable prospects of success (Employment Tribunal judgment)
  4. Ms H Rochester v Ingham House Ltd: 2301154/2017 – in this case the Employment Tribunal held that Ms Rochester’s complaint that she had been subjected to a detriment (a referral to the DBS) on the grounds that she had made a protected disclosure failed; the claim failed as the Tribunal found that the reason for Ms Roche being referred to the DBS was because she had genuine concerns about Ms Rochester’s conduct (Employment Tribunal judgment)
  5. Mrs B Anthony v G Meacher-Jones & ors: 2402401/2016 – in this case the Employment Tribunal dismissed all of the clams made by the Claimant (for various reasons, including submitting the relevant claims outside of the relevant time limits and that she had not made proper qualifying disclosures (Employment Tribunal judgment)
  6. Ms M Griffith v Primark Stores Limited – in this case the Employment Tribunal held that Ms Griffith had been unfairly dismissed (but not discriminated against) (Employment Tribunal judgment)
  7. Mr R Marsh v First 4 Direct Mail Limited: 2402759/2017 – in this case the Employment Tribunal held that Mr Marsh had been unfairly dismissed after he was dismissed without warning or meetings held after he was incorrectly accused of theft from the company (Employment Tribunal judgment)
  8. Ms A Arnold v UK Power Networks (Operations) Limited – in this case the Employment Tribunal held that Ms Arnold was subjected to victimisation and direct sex discrimination after she was passed over for a post at work because she complained that she was receiving lower pay than male colleagues (Employment Tribunal judgment)
  9. Mr Y Baouche v Plane Catering Limited: 3300138/2017 – in this case the Employment Tribunal found that Mr Baouche’s dismissal was not unfair or wrongful, as the Tribunal found that a fair investigation had been undertaken into the complaints of sexual harassment against him (Employment Tribunal judgment)
  10. Mr T Gurung v ARL Services (UK) Limited: 3300126/2017 – in this case the Employment Tribunal found that, after default judgment had been made by the Employment Tribunal, Mr Gurun should be awarded over £11,000 in compensation (Employment Tribunal judgment)