Mr Charles (Lay representative) For the v Respondent — 2021

The Tribunal found that Mr Oketikun’s role after the 2019 reorganisation was an Experience Manager role with responsibility for the Hovis sites at Sebon, Forest Gate and Erith, and that the move from Senior Contract Manager was not a demotion. It accepted that the claimant used the nickname TJ/TeeJay himself in emails and socially, and found that the use of that nickname by colleagues was not because of race. The complaint about qualification certificates issued in 2013 and 2016 in the nickname was found to be out of time, and the Tribunal noted that indirect race discrimination was not the pleaded claim.

On the conduct issues, the Tribunal found serious problems at the Forest Gate site with paper files containing personal data, a failure to digitise records, and a failed Hovis audit. It rejected the claimant’s case that there had been no GDPR problem, finding that the respondent’s internal data protection rules had been seriously breached and that the data was readily accessible. It also found that the claimant knew about the Have Your Say system, was expected to use it, and had not done so, and that he did not take adequate steps to resolve the site issues after KC left.

For unfair dismissal, the Tribunal held that the respondent’s genuine reason was conduct and not capability. It found that Ms Tibbs carried out a reasonable investigation, that the claimant was told of the allegations and the possibility of dismissal, and that the disciplinary and appeal stages were fair. The Tribunal considered the decision to dismiss harsh in light of the claimant’s long service and prior good performance, but concluded that dismissal fell within the range of reasonable responses. No remedy was awarded because both claims were dismissed.