Mr. I. Ehiorobo v Royal Mail Group Limited — 2024

The claimant, a Nigerian national, required immigration permission to work. The tribunal found that his visa renewal application was made out of time and that the respondent did not contact the Home Office Employer Checking Service before dismissal because, on its understanding of the Home Office guidance, an ECS check was not available in those circumstances. It found a material difference between the claimant and his comparator, Mr Mohammed, whose application had been made in time.

The tribunal found that the claimant was dismissed because Mr Cardno genuinely believed, based on advice, that the claimant did not have a right to work and that continuing to employ him could expose the respondent to penalties. The tribunal held that the claimant had not proved facts from which race discrimination could be inferred in relation to the ECS check, dismissal, pay delays, Christmas bonus, or alleged informing of colleagues.

On harassment, the tribunal found that Mr Cardno had not told staff that the claimant was being removed from the country; it found his public statement was that the claimant had visa difficulties. It also found in the alternative that the claimant had not shown the required purpose or effect under section 26 Equality Act 2010 and that the alleged conduct related to immigration or visa status rather than Nigerian nationality.

The tribunal upheld the unlawful deduction complaint only to the extent that arrears of pay and the Christmas bonus were paid late. It found the arrears and bonus had since been paid, that the £290.95 deduction was permitted because it avoided double payment, and that the claimant had not proved financial loss attributable to the late payment, including interest or transfer charges.