The claimant alleged that he had been unfairly dismissed and discriminated against in a number of ways on the grounds of his race or nationality.

The claims centred around a period of sick leave, after which the claimant claimed that he was adversely treated as a sort of ‘punishment’. The respondent maintained that the claimant had never actually been dismissed and cited the absence of a p45 as evidence to support this fact. The respondent alleged that the claimant breached his employment contract by failing to keep them informed of his progress and likely availability during the period of absence.

The claimant sought to compare himself with a fellow worker, but the disparity in time taken for sick leave