“You Look Very Aryan”: Bar Manager Wins Claim Following Race-Related Remarks and Sudden Dismissal

In Ms Sky Sinclair v More Blacks, More Dogs, More Irish Ltd and Mr Ahmed Magdy Soliman, a former duty manager has been awarded more than £18,000 following her sudden dismissal. The employment tribunal ruled she’d been harassed and deliberately dismissed before she could gain additional statutory rights.

In our latest article, we examine what took place and the tribunal’s judgment. We then discuss whether employees can be sacked without notice and the employment rights surrounding unfair dismissal.

If you’ve been dismissed and believe it was unfair, get in touch with us now. As employment law experts, Redmans Solicitors can analyse your circumstances, answer your queries and discuss your possible options. Should you wish to claim, we can also assess your eligibility for compensation and help you with the next steps.

It only takes a movement to discover how we can help you, simply:

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The Facts in Ms Sky Sinclair v More Blacks, More Dogs, More Irish Ltd and Mr Ahmed Magdy Soliman

Background to Unfair Dismissal Claim

Ms Sky Sinclair (“the Claimant”) began working for More Blacks, More Dogs, More Irish Ltd (“the First Respondent”) on 12 July 2022, when she became a duty manager at the “Old Toll Bar” in Glasgow.

Issues first arose in the summer of 2023, when the First Respondent’s director, Mr Ahmed Magdy Soliman (“the Second Respondent”), said to the Claimant, “You look very Aryan with your blue eyes and blond hair.” While she perceived this remark as a joke, it left her feeling uncomfortable.

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The Second Respondent wasn’t finished, though, and only exacerbated matters as Autumn came around. After the Claimant bought her white colleague a coffee, he asked her, “Is that for me?” When he realised it wasn’t, he added, “Oh yeah, forgot you like white people better,” before asking, “How was Germany?”

During proceedings, it was established that the Claimant didn’t have a connection to Germany. Instead, she interpreted the Second Respondent’s various comments to suggest she was racist or “associated with Nazi ideology.” Understandably, this left the Claimant feeling awkward—in fact, she believed the Second Respondent “was deriving satisfaction from her discomfort.”

Claimant Faces Sudden Dismissal From Work

Towards the end of October, after the Second Respondent made a comment about a colleague in the staff group chat, the Claimant privately messaged him. She told him his conduct could be viewed as threatening. He replied by justifying his behaviour, but thereafter became noticeably distant.

Then, in December, he deleted a message from the Claimant requesting support. When she raised this lack of response with a manager, she was told it stemmed from her earlier private message. According to the manager, the Second Respondent had remarked, “You just get some females like that.”

By 3 January 2024, the Second Respondent queried the Claimant’s length of service. She was removed from the staff chat on 26 June before facing sudden dismissal on 11 July. When she arrived at work, she was informed of her termination of employment.

The Second Respondent maintained this was “due to poor sales performance.” However, with no prior warnings and no evidence of the allegations provided, the Claimant challenged the decision. Instead of addressing her queries, though, the Second Respondent merely stated that she had not yet completed two years’ service and that the decision was final. With no notice or payment in lieu, this amounted to dismissal without notice, sometimes called summary dismissal.

The Claimant subsequently brought employment tribunal proceedings, having no alternative options available. Amongst her claims, she alleged unauthorised deduction of wages, discrimination, and unfair dismissal.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal deliberated on the Claimant’s case. Turning first to her harassment claim, it outlined how harassment occurs when someone is subjected to unwanted conduct that has the intent or effect of violating their dignity or creating a humiliating or offensive environment for them.

In this case, the unwanted conduct regarded the Second Respondent’s comments about the Claimant’s appearance and her being a woman. The tribunal explained how these remarks related to her race and sex, determining that they satisfied the legal definition and thus constituted harassment. With this in mind, this claim was upheld.

The tribunal then considered the Claimant’s unfair dismissal claim, making a rather swift decision. For a dismissal to be fair, it must be based on a fair reason and follow a fair procedure.

However, while the Respondents argued that the Claimant’s conduct was the reason for dismissal, a potentially fair one, no evidence supported this. The Claimant provided evidence demonstrating that her sales performance matched that of her colleagues and was attributable to shift performance, not personal conduct. The tribunal therefore ruled her sudden dismissal unfair, finding that it had been pre-determined to prevent her from acquiring statutory rights.

Having succeeded with the majority of her claims, the Claimant was awarded £18,072.72. Her compensation comprised a basic award, a compensatory award, lost earnings, injury to feelings, and interest.

Can I be Sacked Without Warning?

Employees are generally expected to be given a fair process before termination of employment, which often includes prior warnings or the opportunity to improve. That being said, they can face sudden dismissal in circumstances of gross misconduct; this is known as summary dismissal.

Gross misconduct arises when an employee commits a serious offence, such as theft, violence, or severe insubordination. Provided the employer conducts a fair disciplinary procedure, the employee can be immediately dismissed without warning, notice, or payment in lieu of notice.

Where behaviour isn’t found to constitute gross misconduct or the reason for dismissal, though, warnings would likely be required. If an employer fails to provide this, the dismissal may be considered unfair and potentially result in legal liability.

Can You Claim Unfair Dismissal With Less Than 2 Years’ Service?

To bring an unfair dismissal claim, employees are typically required to have at least two years of continuous service with their employer. There are, however, exceptions where this requirement doesn’t apply.

If, among other things, an employee is dismissed because of their protected characteristics, which constitutes discrimination, they’ve made a protected disclosure, known as whistleblowing, or they’ve requested flexible working, their dismissal will be considered automatically unfair. In such cases, the two-year service length requirement is dropped, and the employee can proceed with their claim.

Notably, the Employment Rights Bill aims to make all unfair dismissal protections a day-one right, removing the service length barriers. However, since it has not yet been enacted and is subject to potential further legislative amendments, the current service length requirements remain in place.

Dismissing an Employee With Less Than 2 Years Service UK

If an employee with less than two years of service faces sudden dismissal from work, they are generally not entitled to claim ordinary unfair dismissal. However, as mentioned above, should the dismissal constitute an automatically unfair one, a claim could still be made.

In such circumstances, it’s usually advised first to appeal the dismissal where possible, as finding a solution here may help avoid the costs and stresses of more formal measures. Yet, if this isn’t suitable or provides an unsatisfactory outcome, the next step is to undertake Acas early conciliation. This free and impartial process is normally required before a claim can be brought, and may resolve the matter without the need for further action.

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If all else fails, though, the final step is to initiate employment tribunal proceedings. To do so, strict eligibility criteria and time limits must be adhered to, but if successful, compensation could be awarded.

If you’ve experienced sudden dismissal and believe it was unfair, contact Redmans Solicitors today. As employment law specialists, we will analyse your case, answer your questions, and outline how you could proceed.

Begin your journey with us today by:

• Phoning 020 3397 3603
• Requesting a callback via our online form