Outcome
Individual claims
The tribunal found the dismissal was fair. The judgment was given orally with reasons, but the claimant's unfair dismissal claim was not well founded and was dismissed.
The tribunal found no wrongful dismissal occurred. The respondent did not breach the contract of employment in the manner of dismissal and the claim was not well founded.
The tribunal found the claimant was not entitled to the holiday pay claimed. The claim was not well founded and was dismissed.
The tribunal found the claimant had not established that he was treated less favourably because of race. The complaints of direct race discrimination were not well founded.
The tribunal found the alleged conduct did not amount to harassment related to race. The claimant's harassment complaints were not well founded and dismissed.
Facts
Mr Mohammed Tahir Bhatti brought claims against his former employer, the GMB trade union, following his dismissal. He alleged unfair and wrongful dismissal, brought race discrimination and harassment claims, and sought holiday pay. The case was heard over 10 days in October 2024 with deliberations in January 2025.
Decision
The tribunal dismissed all of the claimant's claims. They found the dismissal was fair and not wrongful, that no race discrimination or harassment had occurred, and that the holiday pay claim was not well founded. Oral reasons were given at the hearing.
Practical note
Even when employed by a trade union, standard employment law principles apply to dismissal and discrimination claims, and claimants must establish their case on the evidence.
Case details
- Case number
- 3307009/2022
- Decision date
- 20 January 2025
- Hearing type
- full merits
- Hearing days
- 10
- Classification
- contested
Respondent
- Name
- GMB
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep