Claimant v RTC Education Limited

The tribunal found that while the claimant failed to respond to emails and calls, he had delivered his teaching and had been trusted to work remotely. His behaviour did not amount to a deliberate intention to disregard essential contract requirements, and therefore did not justify summary dismissal. The respondent acted with unreasonable haste and insufficient investigation.

The claimant failed to provide any evidence that the respondent acted because of his Northern Irish race or nationality. A comment asking when he was 'coming back to the UK' while in Northern Ireland was more likely sloppy expression than discriminatory. The dismissal was due to failure to respond to urgent communications, not race.

The claimant provided no evidence that the respondent perceived him to have political beliefs not aligning with the Conservative and Unionist party. The claimant accepted he did not openly discuss political beliefs at work. There was no causal link between any perceived beliefs and the treatment alleged.

The claimant's email mentioning harassment/bullying did not amount to a protected act as it made no reference to a protected characteristic or the Equality Act. The tribunal found no evidence that Ms Walsh believed the claimant might bring Equality Act claims. The dismissal process had already started before the email, so it could not have influenced the outcome.

The respondent was contractually entitled to deduct £800 for the unreturned laptop. Although four days' pay was deducted for alleged absence, the claimant had been overpaid holiday pay by 4.5 days, so there was no net unlawful deduction from wages.

Withdrawn by claimant at preliminary hearing on 24 November 2024 before Employment Judge Millns.