(1) Mr G Lepiarz (2) Mr D Lewis v Trades Union Congress — 2024

The Tribunal (EJ Joffe sitting with Mr M Simon and Mr F Benson) heard claims by Mr G Lepiarz and Mr D Lewis against the Trades Union Congress arising out of their summary dismissals for alleged misconduct connected to the creation of a website for Newham Trades Council and a payment requested from its secretary, Ms Dye. Both claimants' unfair dismissal claims were upheld: the Tribunal found significant deficiencies in the investigation, the disclosure of evidence and the impartiality of the appeal, such that the respondent had not acted within the band of reasonable responses. The Tribunal declined to make any Polkey reduction, concluding it could not say there was any chance the claimants would have been fairly dismissed in any event.

The Tribunal found the claimants had caused or contributed to their dismissals by blameworthy conduct and reduced the compensatory award by 15% for Mr Lepiarz and 20% for Mr Lewis. The wrongful dismissal (breach of contract) claims also succeeded, as the respondent did not establish on the balance of probabilities that the claimants were guilty of conduct amounting to a repudiatory breach justifying summary dismissal. The Tribunal also found there had been unreasonable failures to comply with the Acas Code (paragraphs 9 and 27) and indicated an uplift would be appropriate, with the quantum to be determined at a remedy hearing.

Mr Lewis's direct race discrimination claim, concerning being moved to half pay in July and August 2022 with Mr Lepiarz as comparator, was not upheld and was dismissed: Mr Lepiarz was not an appropriate comparator because he had withdrawn his sick certificate, and there was no evidence from which the Tribunal could reasonably conclude the treatment was because of race. By consent, the respondent agreed to pay Mr Lewis £1,060.80 for unpaid sick pay (July/August 2022) and £3,005.95 gross in unpaid holiday pay.