Background: 

The claimant was employed by the respondent from August 2018 until his dismissal in October 2019. 

In January 2019 it was alleged that the claimant was subject to racial abuse.  The claimant raised a grievance which was rejected.  He appealed and during that process he told two managers that he would not bring legal proceedings if he was promoted and given a salary increase. 

In October 2019 he withdrew his appeal and he was then dismissed for unrelated misconduct and his comments to the manager which they perceived as blackmail. 

A claim was brought for unfair dismissal and victimisation.  

Outcome: 

The Tribunal, at first instance, dismissed the claim citing that the racial abuse was fictional and there was no evidence of it.  The Tribunal also rejected the claim for victimisation.  The EAT upheld the decision of the Tribunal citing that they were entitled to conclude that the abuse allegation was fictional based upon the lack of evidence which was largely based upon a hearsay statement to a manager in the investigation.   On the point of victimisation, the EAT held that the Tribunal did not approach the question correctly but considering that they found that the racial abuse allegation was false and made in bad faith that would mean that the victimisation claim could be rejected. 

Practical Guidance for Employers: 

A case relating to a false abuse claim being used to ask for a promotion and a salary increase.  This clearly places an employer into a difficult position, but by following the appropriate processes it ensures that there is an evidenced based decision which found that there was no abuse in this situation.  As a result, the employer remaining resolute was vindicated through the Tribunal and EAT decisions.            

The full case can be viewed here: https://www.gov.uk/employment-appeal-tribunal-decisions/mr-nicolas-toure-v-ken-wilkins-print-ltd-2023-eat-163