M Jarosinski v Nestle UK Ltd

Facts

Michal Jarosinski was employed by Nestle UK Ltd from 1 April 2009 until 16 December 2020, latterly as a Quality Assurance Technician. In June 2020 he presented a claim of racial discrimination to the Employment Tribunal, Midlands (East) Region, which the employer resisted by an ET3 response sent on 20 July 2020. In February 2021 he presented a second claim, complaining of unfair dismissal, race discrimination, notice pay, holiday pay and other payments. Employment Judge Clark ordered that the claims be heard together and stayed the presentation of an ET3 in the second claim until a preliminary hearing; at that hearing Employment Judge Brewer ordered the employer to file a single response incorporating an amended response in the first claim and a response in the second. The employer filed a document entitled Respondent's Amended Grounds of Resistance, which was accepted. After a nine-day hearing the Tribunal, chaired by Employment Judge Ayre, dismissed the discrimination, harassment and victimisation complaints, found the dismissal procedurally unfair, but made no basic or compensatory award, finding 100% contributory conduct and a 100% chance of dismissal had a fair procedure been followed. A reconsideration application was refused, remitted by the EAT, and refused again by Employment Judge Hutchinson. Two appeals reached the EAT.