In person v Respondent — 2023

Mr Safi, who was described as Asian Pakistani, brought claims arising from his employment with Travelodge Hotels Limited, including constructive unfair dismissal, race discrimination, victimisation, and claims about unpaid sums. The tribunal found that the Bath Central travel-time issue from 2017 was a pay dispute rather than expense reimbursement, and that the furlough pay paid from March 2020 onwards was correctly calculated under the applicable scheme.

On race discrimination, the tribunal rejected the suggestion that the delay to management training, Ms Kitley's comments, Mr Courts' swearing, Ms Hartrey's conduct, the suspension, or the disciplinary process were because of race. It accepted that Mr Courts had sworn at Mr Safi, but found the reason was the interruption during the bar computer explanation and not race. The only successful complaint was that Mr Huw Huckridge failed to investigate Mr Safi's complaint about Mr Courts' conduct, and the tribunal held that this omission was less favourable treatment because of race. Time for that complaint was extended on a just and equitable basis because it was only a few weeks out of time.

The tribunal held that the failure to investigate was the only breach of the implied term of trust and confidence, but it was affirmed and was not the reason Mr Safi resigned, so there was no constructive dismissal. It also held that the unfair dismissal complaint had been presented on 11 December 2021, before the effective date of termination on 14 December 2021, so it was outside jurisdiction. The successful race discrimination claim was placed in the lower Vento band and resulted in an award of £5,000 for injury to feelings plus £705.75 interest; the remaining victimisation, unlawful deductions from wages, and breach of contract claims were dismissed.