Frank Aliyu v Tesco Stores Limited

Facts

The claimant, Mr Frank Aliyu, was employed by Tesco Stores Limited from 6 December 2019 as a delivery driver at the Charlton Bakery Hub. On 5 October 2020 he made a complaint through the respondent's "Protector Line" against a shift leader, Mr Howes, and the Night Lead manager, Mr Bargery, alleging sexual harassment, favouritism, intimidation and harassment of black and foreign nationals. He alleged that on 15 October 2020 Mr Bargery made a "heil Hitler" salute to him; at an informal meeting later that day Mr Popely, the People Partner, did not accept that characterisation and made remarks about the origins of the salute. On 28 October 2020 the claimant asked that Mr Popely be removed from his grievance; the same day a colleague reported that the claimant had made a remark about Mr Sheikh, and the claimant was suspended. His grievance was investigated by Ms Ijaz and rejected; he responded with messages the Employment Tribunal described as threatening and offensive, which were added to the disciplinary complaint. He was summarily dismissed with effect from 20 August 2021 and his appeal was rejected. The Employment Tribunal, Employment Judge Abbott sitting with lay members, dismissed his complaints of victimisation, harassment, protected disclosure detriment and dismissal. He appealed, with amended grounds drafted under the ELAAS scheme.