Warehouse operative dismissed for racist remark: all claims fail
A former Tesco warehouse operative who was dismissed for making a racist remark and sending threatening messages has lost his claims for unfair dismissal, race discrimination, victimisation, whistleblowing detriment, and holiday pay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 6 December 2019 and summarily dismissed on 20 August 2021 for gross misconduct.
- The claimant made a protected act via a Protector Line complaint on 5 October 2020 alleging sexual harassment and race discrimination.
- The claimant alleged a 'Heil Hitler' salute by manager Mr Bargery on 15 October 2020, which the tribunal found did not occur.
- The claimant was suspended on 28 October 2020 following an allegation that he made a racist remark to a colleague.
- The disciplinary process found the claimant guilty of gross misconduct for the racist remark and threatening messages to an investigator.
- The tribunal dismissed all claims including victimisation, race discrimination, harassment, whistleblowing detriment, unfair dismissal, and holiday pay.
Timeline
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Employment started
Claimant began continuous employment with Tesco Stores Limited at Charlton Bakery Hub.
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Protector Line complaint
Claimant made a complaint via Tesco's Protector Line alleging sexual harassment, favouritism, intimidation, and harassment of black and foreign nationals against managers Bargery and Howes.
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Alleged Hitler salute and meeting with Popely
Claimant alleged Mr Bargery made a 'Heil Hitler' salute; later that day, in a meeting with Mr Popely, Popely made inappropriate comments about the gesture's origins.
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Suspension
Claimant was suspended following an allegation that he made a racist remark to a colleague on 26-27 October 2020.
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Grievance outcome
Ms Ijaz produced a grievance outcome report not upholding the claimant's grievance.
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Threatening messages to Ms Ijaz
Claimant sent threatening and offensive messages to Ms Ijaz after the grievance outcome, leading to an additional disciplinary charge.
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Summary dismissal
Claimant was summarily dismissed for gross misconduct: the racist remark and threatening messages.
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Appeal lodged
Claimant appealed the dismissal; appeal was upheld by Ms Whelan.
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Final hearing began
Five-day final hearing at London South Employment Tribunal, Croydon.
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Oral judgment delivered
Tribunal delivered oral judgment dismissing all claims.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for gross misconduct, and whether he had been subjected to race discrimination, victimisation, harassment, or whistleblowing detriment.
The outcome
The tribunal dismissed all of the claimant's claims.
- The claimant was dismissed for gross misconduct after he made a racist remark to a colleague and sent threatening messages to an investigator.
- The tribunal found that Tesco had a genuine belief in the misconduct, based on a reasonable investigation, and that dismissal was within the range of reasonable responses.
- The allegations of race discrimination, victimisation, harassment, and whistleblowing detriment were not upheld.
- The holiday pay claim also failed as the claimant was paid in full for his entitlement.
Lessons & takeaways
- Making a protected complaint does not give you immunity from disciplinary action for separate misconduct.
- Threatening or abusive messages to colleagues or investigators can justify summary dismissal.
- Employers are expected to carry out a reasonable investigation, but they do not need to prove guilt beyond doubt.
- A grievance outcome that you disagree with does not automatically mean you have been victimised.
This case shows that even where an employee has raised serious concerns about discrimination, they can still be fairly dismissed for separate misconduct. The claimant, a warehouse operative, had made a protected complaint about alleged sexual harassment and race discrimination. However, he was later dismissed for gross misconduct after he made a racist remark to a colleague and sent threatening messages to an investigator.
The tribunal found that Tesco had carried out a reasonable investigation and genuinely believed the claimant was guilty. The dismissal was within the range of reasonable responses for a reasonable employer. The tribunal also rejected the claimant's allegations that the disciplinary process was a sham or that he was victimised for his earlier complaint.
What the employer did right
Tesco followed its disciplinary procedure, suspended the claimant during the investigation, and gave him a right of appeal. The tribunal noted that the investigation was thorough and the decision-maker had a genuine belief in the misconduct.
Why the result matters
This case is a reminder that employees cannot use a protected complaint as a shield against disciplinary action for separate misconduct. It also highlights that tribunals will respect an employer's decision to dismiss for gross misconduct if the investigation and process are reasonable, even if the employee disputes the facts.
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