Ms E Farrell and Ms M McAllister Mr Talha Ghaffor v Alderforce SC Limited — 2023

Mr Talha Ghaffor, who was of Pakistani origin, brought claims of direct race discrimination, breach of contract and failure to provide an itemised pay statement. The tribunal heard evidence from him, Emma Kirkpatrick and Caitlin Collins, and found the respondent witnesses credible and reliable on the material disputes. It accepted that he was told at interview that he would train at other branches, that the move from Braehead to Greenock was because Linwood's manager was on leave, and that the respondent's managers did not act with hostility toward him.

Applying sections 13, 23 and 136 of the Equality Act 2010, the tribunal held that the claimant had not proved facts from which it could infer direct race discrimination. It rejected the allegations of spitefulness, being looked down upon, being snapped at or shouted at, and found no evidence that the refusal to hold a staff meeting, the absence of an induction meeting, the branch transfers, the handling of messages, or the dismissal during probation were because of race. The direct race discrimination claim was dismissed.

The breach of contract claim was also dismissed. The tribunal found that the wages ultimately due were paid, albeit late, and that the delay arose from missing bank information and payroll error rather than any actionable contractual loss. It held there was no financial loss flowing from the absence of a pay slip, and that any issue arising from the move between branches did not give rise to damages on the facts found. On the section 8 ERA 1996 complaint, the tribunal found that a payslip was issued online for the 27 June 2023 payment and complied with section 8, but that no itemised pay statement was provided for the later payment of £333.30; it therefore made a declaration under section 12(3)(b) and made no award under section 12(4) because there were no unnotified deductions.