Ms S Sinclair v Represented by: Ms A Bowman - Solicitor More Blacks, More Dogs, More Irish Ltd and 1 other — 2025

The claimant worked as a duty manager at the Old Toll Bar, Glasgow, from 12 July 2022 until 11 July 2024. The respondents did not attend the final hearing, and the tribunal proceeded in their absence under rule 47. It found qualifying service for the unfair dismissal claim under section 94 ERA 1996 and extended the time limit for the harassment complaints as just and equitable under section 123 Equality Act 2010. The holiday pay claim and the claim for damages in respect of the last shift were withdrawn and then dismissed under rules 50 and 51. A separate expenses order of £495.95 had earlier been made against the second respondent for non-compliance.

On the harassment complaint, the tribunal accepted that the second respondent made three unwanted comments: in summer 2023 he said the claimant looked very Aryan because of her blue eyes and blond hair; around August or September 2023 he made further comments about white people and Germany; and later a remark was relayed to her by a manager that he had said some females were like that. The tribunal found that two comments were related to race and one to sex, and that they had the effect required by section 26 Equality Act 2010. It found the claimant credible, held that the lower Vento band applied, and awarded £2,000 for injury to feelings together with £322.19 interest at 8% from 1 August 2023 to 6 August 2025. The award was joint and several against both respondents.

The unfair dismissal claim succeeded. The first respondent said the dismissal was for poor sales performance, but the tribunal found no evidence of misconduct and accepted the claimant's evidence that the reported sales figures reflected shift performance rather than individual conduct. It concluded that the dismissal appeared predetermined and was unfair. The basic award was £637.34 and the compensatory award was £13,838.51, reflecting lost earnings, mitigation, and £400 for loss of statutory rights, with a prescribed element of £13,438.51 under the recoupment regime.

The tribunal also found that the first respondent breached section 92 ERA 1996 by failing to give written reasons for dismissal, and it awarded two weeks' pay of £637.34. It further found that the claimant was dismissed without notice or payment in lieu, contrary to contract and section 86 ERA 1996, and awarded a further £637.34. The judgment therefore records successful harassment, unfair dismissal, written reasons, and notice-pay claims, alongside the two withdrawn claims.