Claimant v Leightons Limited

The tribunal found the principal reason for dismissal was a serious and irreconcilable breakdown in the employment relationship, constituting some other substantial reason. The tribunal found the respondent conducted a thorough independent investigation into the claimant's grievance, which was found to be vexatious. The process was fair, and dismissal fell within the range of reasonable responses.

The tribunal did not find that the alleged discriminatory comments were made, save for one comment about a former employer preferring to employ a white person. This comment was made in a context criticising the employer's bigotry, not less favourable treatment. The claimant failed to discharge her burden of proof that any treatment was because of her race.

The tribunal found that the only comment established to have been made was not unwanted conduct related to the claimant's race, given the context in which it was said. The claimant failed to establish the conduct had the statutory purpose or effect, and objectively it was not reasonable for it to have that effect.

The respondent conceded during the hearing that the claimant was only paid one month's notice pay when her contractual entitlement was 12 weeks. The outstanding notice pay has been paid to the claimant.