Mr R Lewis v Incentive Lynx Security Limited — 2020

The tribunal dismissed Mr R Lewis’s complaints of unfair dismissal, direct race discrimination, victimisation and whistleblowing. It found that the respondent had a valid misconduct reason for dismissal after the 28 June 2019 incident in which the claimant detained two youths for 38 minutes without legal authority, and that Eugene Jonas’s decision fell within the range of reasonable responses. The tribunal also found no evidence that the dismissal had been predetermined, relying in part on the fact that the claimant was on suspension when his name did not appear on the team list he relied on.

On the race discrimination complaint, the tribunal accepted that the claimant was suspended on 26 November 2018 while Bikash Gurung was not suspended after a later access incident, and it found that the manner of the claimant’s suspension was unnecessary and unduly harsh. However, it found no evidence that race played any part in that decision. It also found no race discrimination in relation to the CCTV licence issue between February and August 2019, which it attributed to communication failures, the claimant’s incorrect password, and a missing consent form rather than race.

The victimisation complaint failed because the tribunal found no evidence that the January 2018 grievance played any part in the later treatment complained of, including the alleged attempts to replace the claimant and the dismissal. The whistleblowing claim also failed: the tribunal accepted that the claimant relied on a breach of legal obligation, but questioned whether the disclosure was made in the public interest and in any event found that it played no part in the dismissal. No remedy was awarded because all claims were dismissed.