Mr Barry Moore v Sean Pong Tyres Limited — 2022

The tribunal found that Mr Moore worked in a small tyre-grading operation run by Sean Pong Tyres Limited, alongside Mr Desmond Owusu and others, and that relations between Mr Moore and Mr Owusu deteriorated into repeated abusive exchanges. It accepted that Mr Owusu used abusive language, including age-related, race-related and occasionally sexual-orientation-related remarks, and found that Mr Moore was mainly on the receiving end rather than simply taking part in mutual banter. The tribunal also refused the respondent's late application to add Credential Environmental Limited as a party, applying the Selkent balance of prejudice approach and concluding that the amendment would have caused major delay and unfairness to Mr Moore.

The tribunal accepted that Mr Moore complained in writing on 10 January 2021, attended a meeting the following day, and then remained at work only for a short period before going off sick on 1 February 2021 and being signed off with depression on 3 February 2021. It found that the complaint was not properly resolved, that no effective action was taken, and that the later events culminated in Mr Moore's resignation with immediate effect on 19 April 2021. On those findings, and applying the implied duty of trust and confidence under Malik v BCCI and the statutory definition of dismissal in section 95(1)(c) ERA 1996, the tribunal held that he had been constructively dismissed.

The tribunal upheld direct discrimination and harassment on grounds of age and race, but not on grounds of sexual orientation. It accepted that the occasional use of the word 'gay' was a disparaging remark, but held that it was not enough on its own to satisfy the harassment threshold, and said that the main concerns were age and race. The unlawful deduction from wages claim was dismissed because the outstanding SSP sums had been paid. On remedy, the tribunal awarded a £1,710 basic award and a total unfair dismissal award of £7,486, and then assessed discrimination compensation under the Vento guidelines at £13,675 for injury to feelings plus £866.21 interest, giving a total award of £22,027.21.