Elina Borodinova v Stateside Food Limited — 2022

Elina Borodinova alleged direct race discrimination, unfair dismissal and breach of contract after her dismissal by Stateside Food Limited on 26 February 2021. The tribunal rejected the race discrimination claim, finding no facts from which it could infer that Latvian national origin was a significant influence on the dismissal, and it did not accept the comparator arguments based on Andrew Holloway or Mark Glover.

The unfair dismissal claim succeeded. The tribunal accepted that Mark Bridge and Glenn Heron honestly believed misconduct had occurred, but held that the disciplinary process was not fair or reasonable. It found the investigation treated the claimant's 23 November 2020 statement as if it were a disciplinary account, without proper independent enquiries into the surrounding health and safety practices, without obtaining the underlying notes or reports, and without taking proper account of the claimant's later email, seven-page letter and colleagues' statements. The appeal did not cure those defects. The tribunal assessed the chance of fair dismissal at 20% and found contributory fault at 10%.

On the contract issue, the tribunal held that the claimant had not committed gross misconduct and that her notice period ran to 2 April 2021, so the wrongful dismissal / notice pay issue succeeded as a breach of contract claim. It also held that the claimant's resignation with notice was effective and that the later express dismissal meant constructive dismissal was not an actionable cause of action on the facts as found. No compensation was quantified in this liability judgment, the remedy hearing having been listed for 21 December 2022, and the tribunal noted there could be no award for injury to feelings because the discrimination claim failed.