In person For the v Respondent — 2022

Ms Natalie Wanliss resigned from her part-time Sales Assistant role at Iceland Foods Ltd on 30 June 2020 and brought claims of constructive unfair dismissal, direct race discrimination and harassment. The tribunal heard evidence over 11 and 12 May 2022 from the claimant, three respondent witnesses, CCTV footage and a recording of a conversation with HR. It identified fifteen factual allegations and rejected all of them.

On the dismissal claim, the tribunal applied the constructive dismissal authorities it cited, including s.95(1)(c) ERA 1996, Western Excavating v Sharp, Malik and Omilaju, and concluded that there was no breach of the implied term of mutual trust and confidence. It found no repudiatory breach in the matters complained of, including the promotion process, reviews, hours, breaks, payroll, sickness records and grievance handling, and it held that the claimant had not been dismissed within the meaning of the Act.

On race discrimination, the tribunal applied the Equality Act provisions it identified, including s.13 and the burden of proof under s.136. It found that Ms Wanliss and the comparator, Yvonne Purcell, were given the same opportunity to progress to the Non-Trade Duty Manager role, but that Ms Purcell completed the required booklet and the claimant did not. The tribunal also found no less favourable treatment in relation to reviews, hours, pay, holiday records, break arrangements, performance monitoring or grievance outcomes. It noted that, if time limits had needed to be decided, the discrimination complaints would have been in time as continuing acts.

On harassment, the tribunal applied s.26 Equality Act 2010 and found no evidence of unwanted conduct related to race. It rejected the allegation that Mr Kashif Kashif told the claimant that she looked like a drug dealer, accepted his denial, and found no basis for the complaint that the claimant was shunned by other employees. All three claims were dismissed and no remedy was awarded.