Mr P Thambu v The Co-Operative Group Ltd — 2022

The claimant, who is Sri Lankan Tamil, alleged that his manager subjected him to race discrimination and race-related harassment between April and October 2019, and that the final incident on 24 October 2019 caused him to leave in circumstances amounting to constructive dismissal. The respondent denied the allegations. The tribunal accepted that the discrimination complaints could be heard despite being presented 17 days out of time, but found the unfair dismissal, breach of contract and unauthorised deduction complaints were out of time and outside its jurisdiction.

On the facts, the tribunal found that the claimant's continuous employment began on 23 March 2015, that WhatsApp messages relied on by the respondent were between the claimant and his manager, and that timesheet and CCTV evidence were accurate. It found the CCTV from 24 October 2019 showed the claimant leaving work because he did not want to meet a person connected with the transfer of the petrol station, rather than because of abuse by his manager. It attached no weight to one unsigned witness statement and found other claimant witness evidence either of limited assistance or not truthful.

The tribunal found that the alleged discriminatory and harassing incidents did not occur. It also found that the claimant was not constructively dismissed, but resigned, and that he had no entitlement to notice pay. The holiday pay and suspension pay complaints were also dismissed; the tribunal was unclear what holiday pay was claimed, and was unconvinced by the suspension pay case in light of the pay records.