GFTU Emplaw Emplaw Emplaw

Edwards v Beacon Care Group Ltd & Others - Race discrimination and the correct hypothetical comparator [2009] EAT

Mr Edwards was employed as a manager at Ashview House Care Home. Whilst still on probation he became the subject of a sexual harassment complaint, causing him to be absent from work sick. At the same time a suggestion arose that he had stolen money from the safe. Mr Edwards put in a grievance about the way the matter was handled, which he considered amounted to race discrimination against him. His manager denied receiving the grievance - a claim the employment tribunal did not believe. Subsequently Mr Edwards was dismissed, and his internal appeal was simply not progressed.

An employment tribunal found that his dismissal was "unquestionably unfair" - both substantively and automatically for failure to follow procedures - but since Mr Edwards did not have the necessary one-year qualifying service this claim could not be upheld.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.