Claimant v The Grange Care Centre (Cheltenham) Limited

The tribunal found that the claimant did not prove primary facts tending to show discrimination. Where the burden shifted (e.g. the May 2023 'culture' conversation), the respondent proved that the treatment was motivated by legitimate workplace concerns about the claimant's attitude towards female colleagues and refusal to take instructions from women, not by his nationality or religion. The tribunal accepted that the respondent would have treated an appropriate comparator in the same way.

The tribunal found that discussions about prayer times were motivated by legitimate concerns about resident safety and adequate staffing levels, not by the claimant's Muslim faith. Other Muslim staff worked at the home without issue. The respondent proved that an appropriate comparator of a different faith wanting additional breaks would have been treated the same way. The tribunal accepted the respondent's explanations for all alleged acts of religious discrimination.

The tribunal found that the respondent had proved on the balance of probabilities that the acts of misconduct alleged (indecent or inappropriate conduct towards two vulnerable residents) had occurred. The conduct was so serious that it interfered with the dignity and wishes of vulnerable residents and amounted to gross misconduct, entitling the respondent to dismiss without notice.