Race discrimination claim fails after 29 days' service and no evidence
A laundry operative who left work after 29 days and alleged racism had his claims dismissed by the Exeter tribunal after he failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a laundry operative for 29 days from 19 May 2021 to 16 June 2021.
- The claimant failed to meet productivity targets and was moved to different machines at his request.
- On 16 June 2021, the claimant left work after being spoken to about using his mobile phone and working slowly.
- The claimant raised a grievance alleging racism, which was investigated and rejected.
- The claimant did not attend the final hearing despite being informed it was in person.
- The tribunal found no evidence of less favourable treatment on grounds of race.
Timeline
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Employment started
Claimant commenced employment as a laundry operative at Elis UK Limited.
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Claimant left work
After being spoken to about mobile phone use and slow work, the claimant left the premises and did not return.
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ACAS early conciliation started
Claimant contacted ACAS under the Early Conciliation procedure.
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Grievance letter submitted
Claimant submitted a written grievance alleging racism without specific details.
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Returned to premises for pay issue
Claimant returned to complain about non-payment for 30 May 2021; paid as goodwill.
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ACAS certificate issued
ACAS issued the Early Conciliation Certificate.
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Claim presented
Claimant presented proceedings to the Employment Tribunal.
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Grievance hearing
Grievance hearing took place; claimant complained about pay and alleged racism by a Polish employee.
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First case management hearing
Telephone preliminary hearing before Employment Judge Rayner.
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Second case management hearing
Telephone preliminary hearing before Employment Judge Lang; orders made for witness statement and schedule of loss.
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Final hearing (claimant absent)
Claimant failed to attend; tribunal proceeded in his absence under Rule 47.
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Judgment issued
Tribunal dismissed all claims.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct race discrimination (Romanian nationality) and whether there were unlawful deductions from wages.
The outcome
The tribunal dismissed all claims.
- The claimant did not attend the final hearing despite being told it was in person.
- There was no evidence of less favourable treatment on grounds of race.
- The unlawful deductions claim failed because the claimant had received all wages due.
No compensation was awarded.
Lessons & takeaways
- If you bring a discrimination claim, you must attend the hearing or risk having it dismissed.
- Short service (under 2 years) means you cannot claim unfair dismissal, but discrimination claims have no service requirement.
- You need specific evidence of less favourable treatment, not just a feeling of being treated unfairly.
- Failing to comply with tribunal orders can lead to your claim being struck out.
A short-lived job leads to a discrimination claim
The claimant worked as a laundry operative for just 29 days. After being spoken to about using his mobile phone and working slowly, he left the premises and did not return. He later alleged that he had been discriminated against because of his Romanian nationality and that his wages had been unlawfully deducted.
What the tribunal found
The tribunal noted that the claimant had not attended the final hearing, despite clear directions that it would be in person. It decided to proceed in his absence. Looking at the evidence, the tribunal found no indication that the claimant had been treated less favourably because of his race. The allegations were vague and lacked a proper comparator. On the wages claim, the claimant had conceded that he received all sums due, so there was no unlawful deduction.
What this means for similar cases
This case is a reminder that discrimination claims require concrete evidence of less favourable treatment linked to a protected characteristic. It also shows the importance of engaging with the tribunal process: failing to attend a hearing or comply with orders can be fatal to your case. Even if you feel you have been treated unfairly, you need to be able to point to specific facts that support your claim.
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