Race discrimination resulted in unfair dismissal

A tribunal has ruled in favour of a Black delivery driver who was dismissed after a short period of absence from work, concluding that racial discrimination played a role in how his employer handled the situation.

The employee, who worked for a large logistics company and also served as a workplace health and safety union representative, was dismissed after being marked absent without leave during a period of sickness absence. The tribunal found that the employer had incorrectly classified him as unauthorised absent, despite him having previously submitted medical documentation explaining his absence.

According to the case, the employee had emailed a medical fit note to his manager while the manager was away on leave. Unaware that the manager was unavailable, the employee believed the information had been properly received and recorded.

Several days later, another manager sent a letter warning that failure to respond could result in the company treating the absence as a resignation. The tribunal accepted evidence that the employee never received the letter, which had been sent without recorded delivery or proof of receipt.

The company later terminated his employment, stating that his lack of contact was taken as an indication that he had resigned. The dismissal occurred only nine working days after the start of his absence.

The tribunal found that the employer had made insufficient attempts to contact the employee before ending his employment. Efforts to reach him were described as limited and inadequate, and the panel noted that the worker had been employed for several years with no clear reason why he would suddenly abandon his job without explanation.

Judges also questioned the credibility of the employer’s claim that it genuinely believed the employee had resigned. They concluded that a reasonable employer would have carried out further checks, including contacting the employee more persistently or consulting with his direct manager regarding the medical documentation already provided.

The tribunal ruled in favour of the worker on claims including unfair dismissal, wrongful dismissal, and direct race discrimination. In assessing the discrimination claim, the tribunal considered whether a white employee in similar circumstances would have been dismissed so quickly or without stronger evidence of resignation. It concluded that this was unlikely and determined that discrimination could reasonably be inferred from the employer’s actions.

A separate hearing will determine any compensation or further remedies awarded to the claimant. Should you wish to deal with an AWOL employee, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk for professional, qualified assistance.

Race discrimination resulted in unfair dismissal

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