Mr M Wellington v Simon Community Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101776/2023 5 Held in Glasgow on 17, 18 and 19 July 2023; 1 and 2 August 2023; 12 and 13 September 2023 Employment Judge S MacLean 10 Tribunal Member P McColl Tribunal Member J McCaig Mr M Wellington Claimant Represented by: Ms B Kadirgolam - 15 Solicitor Simon Community Scotland Respondent Represented by: Mr D Milne - 20 Advocate

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that: (1) the respondent unfairly dismissed the claimant; (2) the respondent is ordered to pay to the claimant a monetary award of 25 £19,014.42. The Employment Protection (Recoupment of Benefit) Regulations 1996 do not apply; and (3) the claim of direct discrimination claim is dismissed.

REASONS Introduction 30 1. The respondent is a charity that provides help and support to homeless people. The respondent employed the claimant as a support worker from 12 November 2012 until his employment was terminated on 29 November 2022. 4101776/2023 Page 2

2. The claim is about unfair dismissal contrary to section 98 of the Employment Rights Act 1996 (the ERA) and direct race discrimination contrary to section 13 of the Equality Act 2010 (the EqA). The claimant maintains that the disciplinary process, particularly the investigation, was biased and the 5 respondent did not genuine grounds for believing that the claimant was guilty of gross miscond...

3. The respondent denies that it directly discriminated against the claimant as alleged. The respondent denies any less favourable treatment and maintains that it carried out a reasonable investigation and acted reasonably in all the circumstances in dismissing the claimant. 15 4. The final hearing was conducted in person. At the first sitting, the claimant gave evidence. The Tribunal also part...