Mr M. Bolus Abd El Nour v Encore Software Ltd — 2023

The claimant, who relied on Egyptian national origin/race, was employed from 1 September 2018 and was promoted to director-level roles. The tribunal found that he had signed a genuine January 2022 contract requiring six months' notice, and rejected his case that the contract was fabricated or that the respondent breached contract by requiring that notice period. It also found that the claimant had been provided with his written contract before proceedings, so no s.38 Employment Act 2002 award arose.

The race complaints were dismissed. The tribunal found that the comments about opening a Cairo office, EgyptAir, the Egyptian economy and the July 2023 email about the claimant being the qualified accountant were either not race-related, were innocuous or light-hearted, or were not unwanted or sufficiently serious to amount to harassment. It also found that the claimant had made no contemporaneous complaints about those matters.

The tribunal accepted that Cassidy Hazel raised a genuine complaint about the claimant's conduct, that other employees had raised similar informal concerns, and that Mr Burrell found evidence suggesting the claimant had been working on personal projects during company time. On that basis, the 28 July 2023 suspension, the requirement to return company equipment, and the restriction on access to the office were found to be justified and not discriminatory. The late payment of dividends was the only conduct found to breach the implied term of mutual trust and confidence, but the tribunal held that it did not cause the claimant's resignation on 24 August 2023; he resigned to avoid the disciplinary process and to start a new job on 1 September 2023, so the constructive dismissal claim failed.

The remaining money claims also failed. The tribunal found no entitlement to the £172 expenses claim, no entitlement to the £7,500 commission claim because the TARFF website work was not completed, and no entitlement to five days' holiday pay because the claimant did not prove he had accrued but untaken holiday at termination. The only successful claim was the unlawful deduction from wages claim for one day's pay on 1 August 2023, but the tribunal made no payment order because the respondent had already paid the correct amount of £128.12 on or around 31 August 2025.