Mr S Singh v European Metal Recycling Limited — 2019

Mr Singh was employed by European Metal Recycling Ltd from 16 April 2018 as a Multi-Skilled Operator driving a front-loading shovel truck. The tribunal found that on 24 May 2019 he reversed into a stationary lorry outside the IES Hall, that the truck's radar and sensors were working, and that he chose to override the auto-stop mechanism. The tribunal preferred the evidence of Mr Bratby where there was conflict, and found that the claimant initially accepted in interview that he had seen the lorry driver in the vicinity and had been concentrating on him when the collision occurred.

The respondent suspended Mr Singh after the incident and dismissed him on 30 May 2019 for what it regarded as a serious health and safety incident. The dismissal letter followed on 31 May 2019, and the appeal was heard by Mr Mayhew on 12 June 2019 and rejected on 25 June 2019. The tribunal found that Mr Bratby genuinely believed the matter was a conduct issue, had reasonable grounds for that belief, and carried out a reasonable investigation.

Mr Singh alleged direct race discrimination in relation to the dismissal and relied on comparator incidents involving Mr Allott, Mr Bayliss and Mr Gair, together with alleged workplace references to a 'Polish mafia' and Asians lacking work ethic. The tribunal found the comparators were not suitable because the circumstances were materially different, and it found insufficient evidence that the workplace had been one in which discriminatory language or treatment occurred. Applying the burden of proof provisions, the tribunal held that the claimant had shown no more than a difference in status and treatment. Even if the burden had shifted, the tribunal found that the respondent had proved a non-discriminatory reason for dismissal, namely the serious health and safety incident on 24 May 2019. The claim was dismissed.