The Bronze Spoon Ltd

Case Summary

The claimant, a Muslim employee, claimed direct discrimination on grounds of religion, race and age, and automatic unfair dismissal following her dismissal from The Bronze Spoon Ltd. The tribunal found all discrimination and unfair dismissal claims not well-founded, but upheld her claim for breach of contract in relation to notice pay, awarding £223 representing one week's notice pay.

The tribunal found that the claimant was not required by the respondent to sell alcohol but chose to do so; there was no less favourable treatment on grounds of religion, race or age; and the claimant's concerns about health and safety were not voiced in the manner alleged, so automatic unfair dismissal did not apply. However, the claimant was entitled to one week's notice pay under her contract, which was not paid, constituting a breach of contract.

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• •Direct discrimination because of religion or belief (requiring claimant to sell alcohol contrary to Muslim beliefs)
• •Direct race discrimination (alleged preferential treatment of Portuguese-speaking employees)
• •Direct age discrimination
• •Automatic unfair dismissal
• •Wrongful dismissal / breach of contract (notice pay)

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