EAT RACE DISCRIMINATION
Mr Dhillon was dismissed for misconduct after he had received a final written warning in respect of previous conduct. The Employment Tribunal found his dismissal to be unfair. It held that Mr Dhillon’s final written warning was unreasonable and the employers would not have dismissed him for the subsequent incident but for the warning. In any event the Employment Tribunal considered that dismissal for the subsequent incident was outside the range of reasonable responses. It dismissed Mr Dhillon’s complaint of race discrimination. It held that he had failed to identify an actual or hypothetical comparator in that he had failed to show that a white comparator in comparable circumstances would have been treated more favourably. The decision could have been more clearly reasoned but there was no error of law. The appeal was dismissed as was the Company’s appeal from the finding of unfair dismissal.
 UKEAT 0120 – 09 – 0508
Updated: 04 August 2022; Ref: scu.375195