Ryan Anderson defended a company against claims of direct race discrimination, harassment, and unfair dismissal.
One minor aspect of the harassment claim succeeded based on a factual concession. However the remaining 45 allegations of the discrimination claim were dismissed.
The tribunal agreed that, while the dismissal was unfair, the claimant would have been dismissed in any event, and significantly reduced his compensation.
The claimant was awarded £8,083.32.
The claim
The claimant, a former Regional Sales Manager, was dismissed in January 2022. He brought claims under the Equality Act 2010 and the Employment Rights Act 1996.
The case was heard in October 2024.
Tribunal findings
- Direct race discrimination claim
The direct discrimination claim was dismissed in its entirety. The tribunal found no less favourable treatment and no evidence supporting discriminatory motive.
- Unfair dismissal
While procedural unfairness in the dismissal process was accepted, the tribunal found that the claimant’s dismissal was inevitable and materially caused by his own conduct.
It made significant reductions to any award under Polkey, as well as a further reduction for contributory fault.
- Harassment claim
A narrow element of the harassment claim succeeded as a fellow employee conceded some employees had been doing impressions of one another as a private ‘joke’.
Although the behaviour had a low-level harassing effect due to cultural differences, the tribunal found it had not been intended to be insensitive.
The tribunal rejected the remainder of the harassment allegations and made no broader findings.
Remedy and costs
At a remedy hearing on 2 December 2024, the tribunal, accepting Ryan’s submissions and adopting the respondent’s counter-schedule, awarded the claimant only £8,083.32.
This significantly reduced the claimant’s unfair dismissal compensation, awarding only £2,000 for injury to feelings. His costs application was dismissed.