Mrs B Peters v Kensington Caffe Ltd — 2023

Mrs B Peters worked for Kensington Caffe Ltd from 23 August 2022 until 27 August 2022 as a Chef de Partie. She said she was dismissed because she is Black British and relied on an allegation that Ms Gurung had spoken to her about cultural background and not saying please. The tribunal found that the kitchen communication style was direct and efficient, that the Claimant had herself objected to not being asked politely, and that this was not treated as rudeness in that working environment.

The tribunal accepted that there had been a dispute between the Claimant and Ms Gurung on 26 August 2022, and that Mr Sklyarov decided to end the Claimant's employment after receiving Ms Gurung's emotional call and speaking to Mr Bartczak. It found that Mr Sklyarov carried out some limited investigation before terminating employment, including checking the position with Mr Bartczak, and that he acted because he regarded the early conflict as a red flag in a probationary kitchen role. The tribunal also accepted that the Respondent had previously dismissed other short-serving employees during probation, including people of different racial and ethnic backgrounds, without a formal process.

On the allegation that Ms Gurung said words to the effect that, because they were from different cultures, she did not need to say please, the tribunal preferred the Respondent's evidence and found that she probably did not say that. It went on to say that, even if she had used those words, it would not have shown racial prejudice against the Claimant, because the tribunal found that Ms Gurung spoke the same way to other colleagues and that the remark would not have made Mr Sklyarov's decision discriminatory. Applying the burden of proof under section 136 Equality Act 2010 and the authorities cited in the reasons, the tribunal held that the Claimant had not shown less favourable treatment because of race, and that the Respondent had in any event proved that the dismissal was not because of the Claimant's colour, race or ethnic origins.

The direct race discrimination claim was therefore dismissed. No financial award or recommendation was made.