Claimant v Intervision Gaming (UK) Limited (Trading as The Razz)
Outcome
Individual claims
The tribunal found that the claimant's colleagues were not valid comparators because they were more junior with less responsibility. Ms De Vita expected a higher standard from the claimant as a supervisor. Additionally, there were no preliminary facts to suggest race was the reason for dismissal; the evidence showed Ms De Vita had lost confidence in the claimant's handling of the staffing gap on 29 September 2024.
The tribunal found that the claimant did not commit a repudiatory breach of contract. At worst, her conduct involved a minor breach in not adequately updating Ms De Vita while unwell, but this was not serious enough to justify summary dismissal. She was therefore wrongfully dismissed without notice. However, she was later paid the full value of one week's notice and has been fully compensated.
Facts
The claimant, a Ukrainian national, worked as a Night Shift Supervisor for the respondent from 12 August to 30 September 2024. On 29 September, she became unwell during her shift and went home, leaving a colleague on site. She messaged her manager, Ms De Vita, who had to come in on her birthday to cover. The claimant was summarily dismissed by Ms De Vita on 30 September for gross misconduct. The claimant alleged she was dismissed due to her race, pointing to other colleagues who had left shifts early or missed work without being dismissed.
Decision
The tribunal dismissed the race discrimination claim, finding the claimant's colleagues were not valid comparators as they were junior staff, while the claimant was a supervisor held to a higher standard. The wrongful dismissal claim succeeded because the claimant's conduct did not amount to a repudiatory breach justifying summary dismissal. However, no award was made as the respondent later paid her one week's notice in full.
Practical note
A supervisor's seniority and greater responsibilities mean junior colleagues who commit similar conduct may not be valid comparators in discrimination claims, and employers dismissing without notice must establish a repudiatory breach of contract, not merely misconduct.
Legal authorities cited
Statutes
Case details
- Case number
- 8002000/2024
- Decision date
- 4 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Night Shift Supervisor
- Service
- 1 months
Claimant representation
- Represented
- No