Case 3219822/2020 · Employment Tribunal
Mr S. Famojuro v Boots Management Services Ltd and 1 other — 2023
- Case reference
- 3219822/2020
- Decision date
- 7 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Massarella
- Venue
- East London Hearing Centre
- Panel members
- Ms J. Clark, Prof. J Ukemenam
Parties
3 namedClaimant
Mr S. Famojuro
Respondents
Key findings
Tribunal's reasoningThe Tribunal upheld parts of the Claimant's harassment related to race complaint. It found that Issues 5(a)(i) to (vii) succeeded against Boots Management Services Limited, and Issues 5(a)(i) to (vi) succeeded against Mrs Walker. The direct race discrimination complaints were dismissed, including where the equivalent harassment complaints had been upheld.
The Tribunal found that the First Respondent's grievance process took a plainly excessive period and that the investigation and appeal handling were inadequate. It concluded that the delay, the quality of Mr Barton's investigation and outcome, and the quality of Mr Barnes' approach each amounted to breaches of the implied term, and that the matters also amounted cumulatively to a breach.
The Tribunal found that the Claimant resigned at least in part in response to those serious process failures, did not affirm the contract, and was constructively dismissed. Remedy was not determined in this judgment and was listed for a later one-day hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Harassment related to race succeeded against the First Respondent at Issues 5(a)(i) to (vii), and against the Second Respondent at Issues 5(a)(i) to (vi). Other harassment allegations were dismissed or not well founded. | Upheld | Race | — |
| Race discrimination | Direct race discrimination claims were dismissed, including because equivalent harassment claims had been upheld and could not also be considered as direct discrimination. | Dismissed | Race | — |
| Constructive dismissal | The judgment described this as unfair (constructive) dismissal and found that the Claimant was constructively dismissed. | Upheld | — | — |
Legal tests applied
4 references- implied term of trust and confidence
- repudiatory breach
- affirmation of contract
- last straw
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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