Claimant v More Blacks, More Dogs, More Irish Ltd

The claim for unauthorised deduction of wages in respect of holiday pay was withdrawn by the claimant under rule 50 and dismissed under rule 51

The claim for breach of contract damages in respect of the last shift was withdrawn by the claimant under rule 50 and dismissed under rule 51

The tribunal found the second respondent made race-related comments including 'You look very Aryan with your blue eyes and blond hair' and 'Oh yeh forgot you like white people better' and 'How was Germany?'. These were unsolicited, appeared to derive satisfaction from the claimant's discomfort, and reasonably caused embarrassment and anxiety. Even if not intended as harassment, objectively viewed they had that effect.

The tribunal found the second respondent made a sex-related comment relayed via a manager: 'You just get some females like that', referring to the claimant after she raised concerns about his threatening behaviour. It was reasonable for the claimant to be upset that such remarks were made about her to other staff, reflecting a low regard for women who did not agree with him.

The first respondent cited conduct as the reason for dismissal, but the tribunal found no evidence of misconduct. The claimant's sales figures were comparable to colleagues. The dismissal appeared predetermined to avoid the claimant acquiring full statutory rights at the two-year mark, and was therefore for an unfair reason under section 98 ERA 1996.

The first respondent failed to provide the claimant with notice of termination or payment in lieu, contrary to the terms of her contract and section 86 of the ERA 1996. She was entitled to two weeks' notice.

The first respondent breached its duty under section 92 ERA 1996 to provide written reasons for dismissal. The claimant had qualifying service and requested written reasons but received no response. She was awarded two weeks' pay as the statutory minimum.