In Person v Respondent — 2020

Mr H Eldltouny, who was of Egyptian nationality, Arabic ethnic origin and Muslim, brought claims against Kuehne & Nagel Limited alleging unfair dismissal and discrimination because of religion or belief. The tribunal heard evidence from the claimant and from Mr Drewett, Mr Doubledee, Mr Simpson and Mr McGuirk, and dismissed the claims in full.

On shift allocation, the tribunal accepted that in 2015 the claimant had asked for shifts that would allow him to attend Friday prayers, and that he later raised the issue with managers. It nevertheless found no evidence that he was treated less favourably than a hypothetical Jewish comparator who wanted Fridays off for religious reasons, and no evidence that any difference in treatment was because of religion. It also rejected the Ramadan comments allegation, making a preliminary finding that the claimant had not proved the comments were made and noting that the claim was very out of time with no evidence explaining the delay.

The tribunal accepted that the claimant's complaints to Mr Drewett, Mr Doubledee and Mr Simpson about religious discrimination were protected acts, but found no causal connection between those acts and either the dismissal or any information said to have been passed to the claimant's new employer. On unfair dismissal, it found the reason for dismissal was the claimant's conduct on 31 January 2018, after a minor accident and the respondent's investigation into alleged mobile-phone use while driving. The tribunal held that Mr McGuirk's investigation was full, thorough and reasonable, that Mr Doubledee's disciplinary process could not be impeached, and that summary dismissal for gross misconduct was reasonable. No monetary award was made because all claims were dismissed.