Mr A Mugarura v Nightingale Residential Care Home Ltd: 3305020/2024
JUDGMENT
[1]The claimant’s complaints of automatic unfair dismissal are dismissed.[2]The claimant was wrongfully dismissed in breach of contract. The respondent must pay £2,583.36 to the claimant as compensation for breach of contract.[3]The respondent subjected the claimant to unlawful race discrimination in the following manner, and must pay £15,000 plus interest of £2,768.22 as compensation for unlawful race discrimination:a. As direct race discrimination: i. By denying him the opportunity to a disciplinary hearing. ii. By conducting the disciplinary procedure in a manner inconsistent with existing organisation’s policies and different compared to how applied to other white colleagues. iii. By dismissing him. iv. By not conducting a proper investigations into the disciplinary allegations the claimant faced. v. By deciding the appeal grounds that formed the basis of the claimant’s appeal outcome. vi. By ignoring the appeal grounds he submitted and presented in an appeal hearing. vii. By imposing a stronger sanction than for white colleagues who were accused of medication errors. viii. By forcing the claimant to work 36-hour shifts without appropriate breaks. ix. By intentionally and repeatedly allocating the claimant in a work lead position whilst there was inappropriate staffing. x. By providing the claimant with basic work tasks compared to colleagues of the same position. xi. The claimant’s manager repeatedly shouting at him, often calling him an individual without sense or telling him to use common sense in front of colleagues.b. As harassment relating to race: i. The claimant’s manager speaking to him in a despising manner before colleagues. ii. His manager making a comment “Alex now feels that Pads are below his belt” just to humiliate him, and giving him the least senior tasks. iii. Failing to adequately deal with his appeal, including changing his grounds of appeal.c. As victimisation, dismissing him.[4]The respondent must pay to the claimant an additional £5,087.90 under the terms of s207A of the Trade Union and Labour Relations (Consolidation) Act 1992.[5]The respondent has made unlawful deductions from the claimant’s wages and must pay compensation of £49.68 in respect of unlawful deductions from wages.[6]The respondent must pay to the claimant £1,065.93 in respect of preparation time.[7]Any other claims are dismissed. Approved by