Race discrimination and unfair dismissal: employer fails to attend tribunal
A former employee won £13,617 after a tribunal found she was racially discriminated against, harassed, and unfairly dismissed by LJE Management Limited, which did not attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for over two years.
- The claimant was dismissed without notice.
- The respondent failed to provide a written statement of employment particulars.
- The respondent did not attend the hearing.
- The tribunal found direct race discrimination and harassment on grounds of race.
Timeline
-
Dismissal date
The claimant was dismissed from employment on this date (inferred from 10 weeks loss of earnings to 1 September 2021).
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End of loss of earnings period
The tribunal calculated loss of earnings from dismissal to this date.
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Hearing and judgment
The tribunal heard the case and issued judgment, finding in favor of the claimant.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct race discrimination, harassment on grounds of race, and unfair dismissal, and whether the respondent failed to provide a written statement of employment particulars.
The outcome
The tribunal ruled in favour of the former employee on all claims: direct race discrimination, harassment on grounds of race, and unfair dismissal.
The key reasons were that the employer did not attend the hearing or provide any defence, and the tribunal accepted the claimant's evidence. A 25% uplift was applied for unreasonable failure to comply with the ACAS Code of Practice.
Compensation breakdown:
- Basic award: £300
- Loss of statutory rights: £300
- Compensation for unlawful discrimination (including interest and 25% uplift): £13,017.36
- Loss of earnings: £1,500
- Interest on loss of earnings: £105.86
- Injury to feelings: £10,000
- Interest on injury to feelings: £1,411.50
- Breach of contract (notice pay): £300
- Failure to provide written statement: £300
- Total: £13,617.36
Lessons & takeaways
- Employers who fail to attend a tribunal hearing risk having a default judgment made against them, often with higher awards.
- A 25% uplift can be applied if the employer unreasonably fails to follow the ACAS Code of Practice on disciplinary and grievance procedures.
- Injury to feelings awards for race discrimination can be substantial, even without evidence of financial loss.
- Employees with over two years' service are entitled to a written statement of particulars; failure to provide one can result in additional compensation.
When an employer fails to engage
This case shows what can happen when an employer simply ignores tribunal proceedings. The former employee brought claims of race discrimination, harassment, and unfair dismissal against LJE Management Limited. The company did not attend the hearing or provide any representation, leaving the tribunal to decide based solely on the claimant's evidence.
The tribunal found that the claimant had been subjected to direct race discrimination and harassment on grounds of race, and that her dismissal was unfair. Because the employer failed to engage, the tribunal accepted the claimant's account and applied a 25% uplift to the discrimination compensation for unreasonable failure to comply with the ACAS Code of Practice.
What the employer could have done differently
Had LJE Management Limited attended the hearing or at least submitted a response, it might have been able to challenge the claims or reduce the compensation. The ACAS uplift is specifically designed to penalise employers who ignore proper procedures. Simply turning up and showing that some process was followed could have made a significant difference.
Why this matters for similar claims
For employees considering a tribunal claim, this case highlights that even if an employer refuses to participate, the tribunal can still award substantial damages. The injury to feelings award of £10,000 (before uplift) reflects the seriousness with which race discrimination is treated. The case also serves as a reminder that employers cannot simply ignore legal proceedings and expect no consequences.
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