Claimant v Harpenden Mencap

Tribunal found dismissal was for some other substantial reason (SOSR), namely irrevocable breakdown in working relationship. Claimant had been on long-term sick leave since February 2022, refused to attend welfare meetings or engage with grievance process. Respondent's conclusion that relationship had broken down was reasonable and within range of reasonable responses. Dismissal was fair in all circumstances.

Tribunal found no evidence that Claire Wilson's actions were motivated by race. Complaints against claimant were legitimate, arising from genuine concerns raised by colleagues and residents. Tribunal found a hypothetical white comparator would have been treated in exactly the same way. No racist campaign evidenced despite claimant's representative's allegations.

Tribunal found no evidence that claimant's age motivated any of the treatment complained of. Manager's actions were legitimate responses to performance and conduct concerns. A younger comparator would have been treated identically in same circumstances.

Tribunal accepted claimant did protected acts (grievances alleging race/age discrimination on 14 October 2021 and 4 April 2022, and ET claim 15 June 2022). However, tribunal found proven detriments either pre-dated protected acts or were not 'because of' them. Dismissal was because of breakdown in relationship, not because claimant raised grievances. Investigation continuing after protected acts was because further misconduct uncovered, not victimisation.