In person For the v Respondent — 2019

The claimant, a Finance Manager employed from 24 June 2019, alleged direct race discrimination and breach of contract after his employment was terminated on 3 October 2019 during probation. The tribunal heard evidence from the claimant and Mr Roantree and considered the documentary record, including emails about bid work and the termination paperwork. It found that the claimant had been engaged in finance and budgeting work, that some meetings he complained about were operational rather than finance-focused, and that the evidence did not show that he was singled out for exclusion because of race.

On the race discrimination claim, the tribunal rejected the allegation that the claimant was deliberately excluded from client meetings because he was Black and African. It found that the comparator relied on, Mr Sparkes, had different operational responsibilities and was not in materially the same circumstances. The tribunal also found that the claimant’s dismissal was based on genuine concerns about his performance on bids and tenders, supported by contemporaneous emails and discussed with Mr Jacobs and Ms Woolsey, and that the pre-prepared dismissal letter was a procedural matter with nothing to do with race. Applying the burden of proof authorities it cited, the tribunal concluded that the claimant had not established facts from which discrimination could properly be inferred.

On the contractual issue, the tribunal held that the employment contract expressly allowed termination during probation and did not require a formal probation review before dismissal at the three-month stage. It said the probation review form for another employee did not create a contractual obligation, and the wording relied upon by the claimant pointed to a review at the end of six months or just before the end of probation. The tribunal further held that, even if a review should have taken place, the claimant had not shown any recoverable loss because the respondent would have been entitled to terminate at the next available moment.