Mr E Adekola Mr Md Abdur Rouf v Brooknight Security Ltd — 2022

The Tribunal found that the Respondent had not proved conduct as the reason for dismissing either Claimant. It noted an almost complete absence of evidence that allowing lorries to leave the site without checks breached any instruction or procedure, and no investigation report, relevant operating procedure, disciplinary procedure, or witness evidence from the decision-maker was produced. It held that the dismissals were unfair, and added that even if conduct had been proved, the dismissals would still have been unfair because the evidence did not establish a genuine belief on reasonable grounds after an appropriate investigation, a reasonable disciplinary procedure, or dismissal within the range of reasonable responses.

The breach of contract complaints about reduced working hours were dismissed. The Tribunal found that the contract provided for a 48-hour normal working week, that hours could vary depending on the site shift pattern, and that the evidence did not establish the alleged reduction in contractual hours before furlough or after the furlough period ended.

The race discrimination and race-related harassment complaints were dismissed. The Tribunal found that the supervisor appointment was, on the Claimants' own evidence, explained by friendship rather than race. It also found that the drawing and handwritten note did not establish unwanted conduct related to race, and that the later complaint about whistling was not accepted because it had not been raised earlier despite its significance.