Cases2302206/2021

Claimant v Tesco Stores Limited

5 March 2025Before Employment Judge RamsdenLondon South

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the dismissal was for misconduct, the Respondent had reasonable grounds for its belief after a reasonable investigation, and dismissal was within the range of reasonable responses. The claimant had authorised payments to a colleague with whom he had a secret relationship, inflating her salary, provided an inflated reference letter, and made her fearful for her job.

Direct Discrimination(race)failed

All seven complaints of direct race discrimination failed. The claimant failed to show that the treatment he received was because of his race. The tribunal found the circumstances of comparators were not materially the same, and that the Respondent's actions were explained by legitimate misconduct concerns, not race.

Direct Discrimination(religion)failed

All five complaints of direct discrimination on the basis of religion failed. The claimant did not show that the treatment he received was because he was Muslim. The tribunal found no evidence that his religion played any part in the investigation, disciplinary process, or dismissal.

Harassment(race)failed

All 21 harassment related to race complaints failed. The tribunal found that while some conduct was unwanted, the claimant failed to show it was 'related to' race, or that it had the purpose or effect of violating his dignity or creating a hostile environment. Many factual allegations were not established.

Facts

The claimant, a Black African Muslim of Somalian origin, worked for Tesco for 17 years as Lead Night Manager. He had a secret relationship with a junior white Italian colleague, Bianca Tordai, whom he line-managed indirectly. After the relationship ended, Ms Tordai complained that he had inflated her salary during their relationship and reduced it afterwards, and made her fearful for her job. An investigation found he had authorised overtime payments she did not work, provided an inflated mortgage reference, and displayed coercive behaviour. He was summarily dismissed for gross misconduct.

Decision

The tribunal unanimously dismissed all claims. The dismissal was fair: the Respondent had reasonable grounds after a reasonable investigation to believe the claimant committed serious misconduct, and dismissal was within the range of reasonable responses. All discrimination and harassment claims failed because the claimant did not establish the treatment was because of or related to his race or religion. The tribunal found the comparators' circumstances were not materially similar and the Respondent's actions were explained by legitimate concerns about misconduct.

Practical note

A senior manager who authorises inflated payments to a junior colleague with whom he has a secret relationship, and who fails to declare a conflict of interest, can be fairly dismissed for gross misconduct even where relationships at work are common, if the circumstances show abuse of position and financial impropriety.

Legal authorities cited

BHS v Burchell [1978]Iceland Frozen Foods v Jones [1983] ICR 17Taiwo v Olaigbe [2016]

Statutes

Equality Act 2010 s.26ERA 1996 s.98Equality Act 2010 s.13

Case details

Case number
2302206/2021
Decision date
5 March 2025
Hearing type
full merits
Hearing days
15
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Employment details

Role
Lead Night Manager
Service
18 years

Claimant representation

Represented
Yes
Rep type
barrister