Case 2304096/2022 · Employment Tribunal
Mr P Mungoni v John Lewis plc — 2024
- Case reference
- 2304096/2022
- Decision date
- 2 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Evans
- Panel members
- Ms G Mitchell, Mrs S Dengate
Parties
2 namedClaimant
Mr P Mungoni
Respondent
Key findings
Tribunal's reasoningThe claimant worked for the respondent from 6 October 2019 until 6 July 2022 and brought complaints arising from his resignation and from alleged race-related treatment in the allocation of goods-in duties. The tribunal recorded that additional duty-allocation and ethnicity documents were disclosed during the hearing after the tribunal raised concerns about disclosure.
The complaint of constructive unfair dismissal failed because the tribunal found that the claimant was not constructively dismissed. The direct race discrimination and harassment related to race complaints were dismissed as out of time: the primary limitation periods had expired before early conciliation began, the claim was presented on 11 November 2022, and the tribunal did not consider it just and equitable to extend time.
The tribunal also set out what it would have decided on the discrimination and harassment merits. It found that the claimant had not proved facts from which the tribunal could conclude that race was the reason for the allocation of goods-in duties, and it found that Mr Wilkinson did not make the alleged comment on which the harassment complaint was based.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal treated the unfair dismissal complaint as constructive unfair dismissal and found the claimant was not constructively dismissed. | Dismissed | — | — |
| Race discrimination | The direct race discrimination complaint was dismissed because it was out of time and the tribunal did not consider it just and equitable to extend time. The tribunal also stated that, if it had considered the merits, the claim would have failed because the claimant had not shifted the burden of proof. | Dismissed | Race | — |
| Harassment | The harassment related to race complaint was dismissed because it was out of time and the tribunal did not consider it just and equitable to extend time. The tribunal also stated that Mr Wilkinson did not make the alleged comment and that, if the issue had arisen, the alleged comments did not explicitly relate to race. | Dismissed | Race | — |
Legal tests applied
12 references- s.94 Employment Rights Act 1996
- s.95(1)(c) Employment Rights Act 1996
- implied term of trust and confidence
- s.13 Equality Act 2010
- s.23 Equality Act 2010
- s.26 Equality Act 2010
- s.136 Equality Act 2010
- Barton v Investec Securities Ltd
- Igen Ltd v Wong
- Efobi v Royal Mail Group Ltd
- Madarassy v Nomura International plc
- s.123 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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