Claimant v Fernando Private Ltd

The tribunal found the investigation unreasonable, the procedure unfair, and dismissal not a fair sanction. The employer failed to give the claimant reasonable notice of allegations, adequate time to prepare, or a fair investigation. The decision-maker (Mr Fernando) was both investigator and decision-maker, creating bias concerns. The allegations were not properly investigated before disciplinary proceedings were initiated.

The claimant, a black African man, was dismissed by a business where almost all other employees were Sri Lankan. The tribunal found facts suggesting less favourable treatment: the claimant was replaced by a Sri Lankan employee appointed without competition, allegations escalated rapidly without explanation after 6+ years clean record, and drugs-related allegations were linked to his Rastafarian appearance. The respondent failed to discharge the burden of showing the dismissal was for a non-discriminatory reason.

Respondent accepted the claimant was owed £1413.96 for accrued but untaken holiday entitlement at dismissal. This sum was paid on 25 January 2024, approximately 9 months late. The respondent is entitled to set off this payment.

The claimant was not paid for 11 days work in June 2022 due to administrative oversight when the business transferred to the respondent. The tribunal found he should have been paid £1137.67 gross. The respondent made a partial payment of £657.88 net (£822.48 gross) on 18 April 2024, which was an underpayment. The tribunal allowed the claim despite it being out of time, finding it was not reasonably practicable to bring it in time and it was brought within a reasonable time.