Mr A Jutrenzka v Chinnocks Wharf Management Co Ltd — 2020

The claimant was employed by Chinnocks Wharf Management Co Ltd as Building Manager from 3 December 2018 to 8 March 2019 on a salary of £35,000 per annum. He relied on Polish national origin as the relevant protected characteristic. The tribunal recorded that an earlier wrongful dismissal claim for failure to pay notice pay had been withdrawn because payment was made.

The tribunal rejected the direct race discrimination allegations. It found that the alleged remarks and conduct by Mr Sharp were not proved, and that the respondent witnesses did not know with certainty that the claimant was Polish. The tribunal also placed weight on the absence of contemporaneous written complaints of race discrimination in the claimant's January and March 2019 complaints, and on the documentary record around the grievance and probation review meetings.

The tribunal found that the dismissal on 8 March 2019 was driven by concerns about the claimant's performance, capability and conduct, not by Polish national origin. It also found that the events relied on for harassment were not established as race-related unwanted conduct. The victimisation claim failed because the tribunal found that the claimant had not done any protected act under section 27 Equality Act 2010 in the complaints and correspondence relied on.