Claimant v Utopia Leisure Limited

The tribunal found that Mr Perry dismissed Miss Jesse on 27 October 2023 without holding a grievance meeting or proper probation review. The sudden change from extending her probation on 26 October to dismissing her the next day, coupled with his irritation at the discrimination allegation, meant the tribunal could not be satisfied the dismissal was not tainted by victimisation. The usual process was curtailed because she had raised race discrimination allegations.

The tribunal found no less favourable treatment compared to white colleagues. Many alleged incidents did not happen as described (e.g. being told to walk/talk like white colleagues, being accused of lying about GP appointment). The instructions about the relaxation room, being interrupted, cleaning duties, and feedback were appropriate management actions that would have applied equally to any employee regardless of race.

The tribunal rejected the harassment claims relating to shower cleaning and the GP appointment. The tribunal found the accusation about lying re GP appointment did not occur. Cleaning work was part of the job that all reception staff had to do on rotation; there was nothing intrinsically offensive about it and no basis to find it violated dignity or created a hostile environment.

Struck out because Miss Jesse had less than two years' service and therefore did not have the statutory right to claim ordinary unfair dismissal.