Miss Z. Alia v Tesco plc — 2019

The Claimant originally brought claims including unfair dismissal, sex discrimination and unpaid wages, but the unfair dismissal and unauthorised deduction from wages claims were dismissed on withdrawal at a preliminary hearing. The final hearing concerned direct sex discrimination and harassment related to sex.

The Tribunal found that the staff involved in the events of 2 January 2019 believed the Claimant was drunk because of her smell of alcohol and behaviour, and that they acted to persuade her to leave the store and to prevent further inappropriate behaviour or injury. It found that the alleged filming by Mr Khan did not occur, that Mr Pascoe did not influence witnesses or fabricate a statement, and that Mr Saunders dismissed the Claimant because he considered her conduct to be gross misconduct.

The Tribunal found that Ms Narayanasamy’s substitution of a final written warning was favourable to the Claimant and was not influenced by sex, and that her recommendation for a move to another store was based on a perceived need for a fresh start after a breakdown in working relationships. It also found no evidence from which it could conclude that Ms Wright’s grievance decisions were influenced by the Claimant’s sex. The direct sex discrimination and harassment claims were dismissed.