Ms L McDermott v RBH Hotel Management Ltd — 2024

The claimant, Ms L McDermott, brought a sole claim of wrongful dismissal after her employment as a Food and Beverage Team Member with RBH Hotel Management Ltd ended on 25 March 2024 without notice. The tribunal found that her contract entitled her to one month’s notice, based on clause 3.6 of her statement of employment particulars, and rejected her evidence that she was entitled to four weeks or 30 days on some different basis.

The dismissal arose from an incident on 14 March 2024 at the DoubleTree by Hilton Edinburgh City hotel. The tribunal found that, while clearing the restaurant, the claimant brought a sauce bottle to reception and said to Ms Georgia Robertshaw that “the ching chongs left this at breakfast”. It found that this was a deliberate use of a well-known racist term, that the claimant knew it was racially derogatory when she used it, and that the comment was made in a public-facing area in the hearing of Mr Andres Castellanos, the Assistant General Manager, while Chinese guests were present in the vicinity.

The tribunal also found that the claimant’s later email to HR on 15 March 2024, and her conduct in the investigation and disciplinary meetings, showed she minimised the incident, criticised those who raised it, and did not genuinely apologise. It accepted Mr Puchert’s evidence that the dismissal was based on the offensive comment, the “Banter” email, and the claimant’s failure to follow up appropriately or show accountability.

Applying the authorities it cited on wrongful dismissal and repudiatory breach, the tribunal held that the claimant’s conduct was likely to seriously damage or destroy the relationship of mutual trust and confidence and therefore amounted to a fundamental breach of contract. It held that RBH Hotel Management Ltd was contractually entitled to dismiss her summarily, so the claim for wrongful dismissal was dismissed and no damages were awarded. If damages had been payable, the tribunal said they would have reflected the agreed notice pay figure of £1,495.50.