Mr S Mwangi A v Aston Hall Hotel Limited — 2021

The tribunal unanimously found that the claimant resigned because of a fundamental breach by the respondent and was constructively dismissed. It held that the dismissal was unfair and awarded a basic award of £1,421.53 and a compensatory award of £2,000, made up of £1,500 for lost earnings and £500 for loss of statutory rights.

On the race claims, the tribunal found harassment related to race over a period from December 2015 to May 2019. The harassment findings covered remarks about the colour of the claimant's hands, an October 2018 comparison by analogy with a fictional character, and a 5 April 2019 response by the General Manager when the claimant raised the possibility that actions taken against him were racially motivated. It held that the conduct extended over a period and was not out of time.

The tribunal dismissed the remaining direct race discrimination and harassment claims. It awarded £10,200 for harassment, having calculated £10,000 for injury to feelings and £1,333.33 interest before applying a 10% reduction for unreasonable failure to comply with the ACAS Code of Practice on Discipline and Grievance Procedures 2015. It also recorded that the recoupment provisions did not apply.