Claimant v Rainsford Contracts Limited

Outcome

Facts

The claimant, a Lebanese project manager, was employed for just 18 days (23 January to 10 February 2023) before being dismissed during his probationary period. He was hired to manage a conversion project and develop relations with the main contractor CIRC to secure future work. Within days of starting, the claimant engaged in unprofessional conduct: sending rude emails to colleagues and the client (including late at night), issuing ultimatums to management, micromanaging a quantity surveyor, and flagrantly disregarding explicit management instructions not to email the client. After repeated warnings and attempts to resolve matters, the managing director dismissed him, concerned the claimant jeopardised the relationship with CIRC.

Decision

The tribunal unanimously dismissed the race discrimination claim. The tribunal found the claimant's dismissal was entirely due to his unprofessional conduct and not his Arab/Lebanese origin. The managing director had knowingly hired the claimant over an English applicant, demonstrating no racial animus. The tribunal concluded that any employee, regardless of race, would have been treated the same way for such conduct. The burden of proof did not shift to the respondent, but even if it had, the respondent satisfied the tribunal that race played no part in the decision.

Practical note

Legal authorities cited