Mr S Collins v Devo Technology UK Ltd — 2022

The claimant, Mr S Collins, was employed by Devo Technology UK Ltd from 9 September 2018 until his dismissal on 4 January 2021. The respondent had previously issued a final written warning in March 2020 after allegations about inappropriate comments about women in the company and an attempted hug of a female colleague. In this liability judgment, the tribunal held that the dismissal was unfair because the respondent followed no fair process, and the respondent conceded that point.

The race discrimination claims failed. The tribunal accepted that Dean Robertson had concerns about the claimant's interpersonal style and presentation style, but it found that the claimant's comparators were not in materially similar circumstances and that there were no other facts from which race could be inferred as a reason for dismissal. It also found that the respondent treated other employees it dismissed within 12 months of the claimant, who were white, in the same summary way and told them only that they were dismissed for 'business reasons'. The tribunal accepted that the reasons in Mr Robertson's mind were non-discriminatory, even though it later described those reasons as superficial and not enough to justify dismissal on a fair process.

The victimisation claim also failed. The tribunal held that the claimant's solicitor's letter of 11 January 2021 was a protected act and that it was made in good faith because the claimant had not been given a reason for dismissal and genuinely thought race might be a factor. The tribunal found, however, that the later letter of 25 February 2021, which said an investigation was being started into alleged confidentiality breaches, was sent because the respondent genuinely believed the claimant had breached confidentiality obligations, not because of the protected act. The harassment claim failed for the same reason: the 25 February 2021 letter was unwanted, but it was not related to race.

On remedy, the tribunal did not fix a monetary award in this judgment. It held that, taking Mr Robertson's concerns, the final written warning and the confidentiality allegations together, there was an 80% chance the respondent would have dismissed the claimant fairly on 4 January 2021. It said it was not just and equitable to reduce the basic or compensatory awards further for contributory fault, and no ACAS uplift was appropriate. A telephone preliminary hearing was listed for 14 March 2022 to give directions for a remedy hearing.