Claimant v Taka Mayfair Limited

Outcome

Facts

The claimant worked as Head Sommelier/Manager for 24 days. He alleged that the Head Chef, Mr Maruyama, made discriminatory remarks about a former employee, Mr Salagubas, stating he would not have recruited him had he known about his mental health treatment. The claimant claimed this created a hostile environment. The respondent denied the comments were made. Mr Salagubas confirmed he had no disability during his employment. The claimant was dismissed during probation for performance issues and reacted with anger, issuing inflammatory public statements and emails.

Decision

The tribunal found on the balance of probabilities that the alleged comments were not made, citing lack of particularity in the claimant's evidence, no contemporaneous notes, and Mr Salagubas's denial of any mental health disability. Even if the comments had been made, they would not constitute harassment because 'mental health' is too broad to fall within the disability definition, and objectively the comments were not directed at the claimant and did not meet the harassment threshold.

Practical note

Legal authorities cited