Miss J Chen v Cut Your Wolf Loose Limited and 2 others — 2024

The tribunal dismissed the section 100 Employment Rights Act 1996 claim. It accepted that the claimant's grievance email had, obliquely, raised circumstances connected with work that she believed were harmful or potentially harmful to health and safety, but found that this was not the sole or principal reason for dismissal. The tribunal found the dismissal decision was based on matters in the warning email, including how the claimant spoke to colleagues and managers, leaving the shop unstaffed, alcohol being served to a minor, and prioritising customer conversations over other duties.

The race-related harassment claims were dismissed. The tribunal was unable to find whether positive comments about the claimant had been covered by labels, but found the reason for covering the table was unrelated to race. It also found that the alleged China-related comments were not made as alleged.

The sexual harassment and pension-related breach of contract claims were dismissed. For the sexual harassment claim, the tribunal found the most likely factual scenario was an air kiss after a hug and that this was not unwanted conduct of a sexual nature, or alternatively not conduct for which it was reasonable to have the prescribed effect. On pensions, the tribunal found that Nest contributions had been deducted and paid, and was not satisfied there had been a total failure to make pension contributions.