Claimant v Secretary of State for Justice
Outcome
Individual claims
The tribunal found that the claimant was not dismissed. A dismissal is a fundamental prerequisite for an unfair dismissal claim, and without a dismissal having occurred, the complaint could not succeed.
The tribunal found that the claimant had not established facts from which it could be concluded that race discrimination had occurred. The complaints of direct race discrimination were not well-founded and were dismissed.
The tribunal concluded that the claimant had not established that he was subjected to detriment because he had done a protected act. The victimisation complaints were not well-founded and were dismissed.
Facts
Mr Jobe brought claims against the Secretary of State for Justice alleging unfair dismissal, direct race discrimination, and victimisation. The case was heard over six days at Manchester Employment Tribunal. The claimant represented himself while the respondent was represented by counsel.
Decision
The tribunal dismissed all claims. The unfair dismissal claim failed because the tribunal found the claimant was not dismissed. The race discrimination and victimisation claims failed because the claimant did not establish facts from which discrimination or victimisation could be inferred.
Practical note
A claimant must establish that a dismissal actually occurred before an unfair dismissal claim can succeed, and discrimination claims require establishing a prima facie case from which discrimination can be inferred.
Case details
- Case number
- 2404189/2023
- Decision date
- 27 October 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No