Mr Rene Rajcok First v Glyn Hopkin Limited Second Respondent: Mr Russell Clark — 2024

The claimant brought complaints of direct race discrimination and harassment related to race against Glyn Hopkin Limited and Mr Russell Clark. The tribunal heard evidence over 13 to 15 May 2024 and found that the claimant, a Slovakian service technician, had not proved alleged comments by Mr Durrell about foreigners, nor any race-based less favourable treatment arising from smoking breaks. It also found that the alleged swastika displays in summer and November 2022 were not proved.

The tribunal did find that a swastika had been displayed on the workshop notice board on 21 January 2023 and remained until 23 January 2023, and that the claimant saw it and found it offensive. However, it found that the act was a foolish joke directed at Mr Durrell because of his German music, not conduct related to the claimant’s race or nationality. For that reason, although the tribunal accepted the display was unwanted and could be offensive, it held that the harassment claim failed because the conduct was not related to race.

The tribunal also found that the claimant had carried out an oil change on his wife’s car at work on 21 January 2023 without obtaining authorisation for that chargeable work and without recording it on the job card, contrary to the Respondent’s October 2022 memo on staff internal rates. It accepted that this was the reason the Respondent started disciplinary proceedings and, later, dismissed him summarily on 15 February 2023. The tribunal held that the disciplinary decision and dismissal were not because of race and were not race-related harassment. All complaints were dismissed in full, and because of that no remedy was awarded and the time-limit issues did not need to be resolved.