Case 4101955/2020 · Employment Tribunal
Claimant v Bothwell Care Ltd — 2021
- Case reference
- 4101955/2020
- Decision date
- 2 August 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Sangster Tribunal
- Panel members
- Tribunal Member Taggart, Tribunal Member Doherty
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claimant, who is Polish, was employed by the respondent as a kitchen assistant. The tribunal found that on 24 August 2019 he tried to cook in the kitchen despite that not being part of his role, refused instructions from the head chef to stop, and became agitated. He was first asked to take leave and then suspended on full pay while the care home manager was on holiday. The tribunal accepted that this suspension was not handled in accordance with the respondent's internal procedures, but found the reason for it was the claimant's conduct and the head chef's lack of familiarity with the correct procedure in the manager's absence, not race.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The claimant alleged race discrimination in relation to his suspension, grievance, grievance appeal and dismissal. The tribunal found each of those matters was unrelated to his race. | Dismissed | Race | — |
| Unlawful deduction from wages | The claim concerned notice pay and sick pay. The tribunal found the claimant had been paid statutory sick pay during his sickness absence and had received the sums to which he was entitled. | Dismissed | — | — |
| Wrongful dismissal | The tribunal found the claimant received one week's pay in lieu of notice on termination, which matched his contractual and statutory entitlement. | Dismissed | — | — |
Legal tests applied
7 references- s.13 Equality Act 2010
- s.136 Equality Act 2010
- Igen v Wong
- Madarassy v Nomura International Plc
- Shamoon v Chief Constable of the RUC
- s.13 Employment Rights Act 1996
- New Century Cleaning Co Limited v Church
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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