Mr L Busca v Rygor Group Limited Mr Terry Craven Mr Christopher Baker Mr Sean Joyce Mr Ross Heffernan Mr Nigel Clear — 2022

At the outset the tribunal allowed Nigel Clear to be joined as a respondent and extended time for complaints arising from the 5 April 2019 incident, finding it just and equitable to do so. The claimant worked as a technician mechanic for Rygor Group Limited on about £35,000 a year. The tribunal accepted that there were discussions and comments about Brexit, but it did not accept that the claimant had proved the full racist version of those conversations that he alleged.

It found that from time to time colleagues made racially derogatory comments, including references to the claimant as an immigrant, a foreigner, and 'fucking Romanian', and it found that Nigel Clear called the claimant 'Romanian cunt' and assaulted him on 5 April 2019. The tribunal also found that after the complaint some white British colleagues were quieter or ignored the claimant, but it did not accept that he had been given unreasonable workloads, denied leave pay, forced back to night shifts, or subjected to constant unfair criticism.

The tribunal held that the treatment amounted to a serious breach of contract and that the claimant resigned in response, so he was constructively and unfairly dismissed. It upheld direct race discrimination and harassment, and it upheld victimisation in part: the 9 April oral grievance and the 17 September written grievance were protected acts, and the employer's response, including the failure to make proper enquiries and to take a statement from Sahid Hussain, was found to be detrimental. The unpaid wages complaint was dismissed, and the judgment ended with directions for a remedy hearing rather than a final award.