Sham redundancy and racial slur: Group Facilities Manager wins unfair dismissal and race discrimination claims

A sham redundancy driven by personal dislike and race

This case shows how a supposedly objective redundancy process can be a cover for discrimination. The Group Facilities Manager had four years' service and a clean record when, in June 2020, a director decided to dismiss him and made offensive comments. Two days later, he was told he was at risk of redundancy – but the process was a sham. The real reason was personal dislike and, as the tribunal found, race.

The director's comment on 6 July 2020 – "I hate these crook Pakistanis like Malik" – was direct evidence of racial animus. The tribunal upheld claims of direct race discrimination and harassment, as well as unfair dismissal. The redundancy process was not genuine: there was no proper consultation, no fair selection, and the decision had already been made.

What the employer could have done differently

AI-Mubarakia Limited could have avoided this outcome by following a genuine redundancy process. That means consulting the employee, using objective selection criteria, and considering alternatives to redundancy. Instead, the director's personal dislike and racial prejudice poisoned the process from the start. The employer also failed to address the claimant's request to carry forward holiday leave, leading to a breach of contract claim for 57.7 days' pay.

Why this matters for similar claims

This case is a reminder that tribunals will look behind a stated redundancy reason if there is evidence of a hidden motive. Employees who suspect their dismissal is a sham – especially if accompanied by discriminatory comments – should consider bringing claims for both unfair dismissal and discrimination. The absence of a genuine redundancy process can also mean no Polkey reduction, as the tribunal found here, potentially increasing compensation.