Ms D Lepadatu v Tesco Stores Ltd — 2021

The Claimant, a Romanian national employed at the Respondent's Dagenham Distribution Centre, brought claims arising from an incident with a colleague on 2 February 2020 and the Respondent's handling of her subsequent grievance. The majority found that the colleague had not made the alleged racist comments, although the Claimant genuinely thought she had heard them and was genuinely upset. The Tribunal also found that the later meeting with the manager was not harassment related to nationality.

The Tribunal found that the Claimant had made protected acts, including an oral complaint on 2 February 2020 by majority finding, her written grievance, and comments at later investigation meetings. It dismissed victimisation, finding among other things that the investigation process was transparent and even handed, that calling the Claimant to an investigation meeting was reasonable at that stage, and that the later failure to give a grievance outcome was not because she had raised complaints.

The direct discrimination claim succeeded in part. The Tribunal found that the Claimant's written complaint was a formal grievance and that the Respondent failed at the end of the process to follow its grievance procedure by giving her an outcome, right of appeal, or possible steps for resolving issues between colleagues. The burden of proof shifted, and the Respondent did not show that the failure was in no way tainted by unlawful discrimination. The Tribunal said the failure was to complete the process, not a failure to address the grievance from the outset or a cover up.