Mr W Preko v Costco Wholesale (UK) Limited — 2021

The tribunal recorded that only the direct race discrimination, race harassment and victimisation claims proceeded to final hearing. It also recorded that the unfair dismissal and holiday pay claims had been struck out at a preliminary hearing on 10 February 2020 because they were out of time and the tribunal declined jurisdiction.

On the race discrimination and harassment allegations arising from events in 2016, 2017, 2018 and 2019, the tribunal found there were insufficient facts from which it could conclude that the claimant had been treated less favourably because of race, or subjected to unwanted conduct related to race. It found, among other things, that the 2016 racial comment by Ms Soper had been dealt with by the respondent, that some alleged detriments did not occur, and that other incidents such as the promotional stock issue, timesheet disciplinary process, grievance handling and sickness pay arrangements did not support an inference of race discrimination.

In relation to the January 2019 investigation, dismissal and appeal about the drone incident, the tribunal found the respondent acted because it believed the claimant had taken a customer's drone off the premises when he could and should have handed it in. It found no evidence that race explained the investigation, dismissal or appeal outcome, and no evidence of a causal connection between the claimant's July 2017 grievance and the later treatment. The tribunal therefore dismissed the direct discrimination, harassment and victimisation claims, and concluded that the alleged continuing act was not made out.