Claimant v CACI Ltd

The tribunal concluded that all treatment complained of, including removal from meetings, undermining, and dismissal, was because of performance concerns held by Mr Coombes, not because of the claimant's race. The tribunal found that Mr Coombes would have acted in the same way to an employee of a different ethnicity in the same circumstances. The reason why the claimant was treated as she was related to Mr Coombes's genuine concerns about her performance, errors, and lack of proactivity.

The tribunal concluded that all treatment complained of, including removal from meetings, undermining, and dismissal, was because of performance concerns held by Mr Coombes, not because of the claimant's sex. The tribunal found that Mr Coombes would have acted in the same way to a male employee in the same circumstances. There was no differential treatment on the ground of sex, and the reason for the treatment was Mr Coombes's view of her performance.

The respondent admitted breach of contract by dismissing the claimant without notice, where the contract did not allow immediate termination without notice. The tribunal found this breach succeeded. However, as the claimant was paid her notice pay in full, she suffered no financial loss, and no compensation was awarded. The claim regarding breach of the capability policy failed because the tribunal found the policy was non-contractual and therefore not contractually binding.