Mr M Masuri v Lidl Great Britain Limited — 2020

The claimant alleged that managers had made false allegations about his conduct on 12 August 2018 and that this was because of race. The tribunal found that the claimant arrived two hours late, did not work the shift, raised his voice, and touched a manager on the shoulder or chest a number of times but not forcefully. It found the allegations were not fabricated and were not made because of the claimant's colour or Nigerian national origin.

The tribunal found no fundamental breach of contract and no breach of the implied term of trust and confidence. It also found that, even if there had been a breach, the claimant had delayed and affirmed the contract by remaining employed, taking part in the disciplinary process, and resigning after the final written warning. It concluded he resigned because he had been issued with the final written warning, not because of the alleged August breach.

The wages claim for the 12 August 2018 shift was dismissed as out of time, with an alternative finding that the payment was not properly payable because the claimant had not worked the shift. The holiday pay claim was dismissed because the claimant had not proved that further statutory holiday pay was owed, and the tribunal accepted evidence that he had been overpaid salary and that deductions were contractually authorised.