Mr M Cummings v Royal Borough of Greenwich — 2022

The Claimant, who is black, was employed by the Respondent as a chargehand until his dismissal for gross misconduct on 1 November 2019. He brought complaints of unfair dismissal and race discrimination. At the start of the hearing he withdrew the unfair dismissal complaint and confirmed that dismissal itself was not alleged to be an act of race discrimination.

During the hearing the Respondent disclosed that relevant documents had not previously been provided, including longer signed interview notes from witnesses interviewed in the disciplinary investigation. The Tribunal found that the Respondent's conduct of the proceedings was unreasonable, that the email sent by the Respondent's solicitor on 22 December 2021 was misleading, and that the failure to disclose the documents breached Tribunal orders. It concluded that a fair hearing was no longer possible because the credibility of the Respondent's witnesses had been so damaged and further relisting would be disproportionate.

The Tribunal struck out the response and, applying Rule 21, found that the remaining direct race discrimination allegations succeeded. It upheld the suspension and withholding of certain information or evidence. For remedy, the Tribunal awarded injury to feelings in the middle of the middle Vento band, limited to the upheld discrimination rather than dismissal or other matters, and declined to make a separate aggravated damages award.