Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Scot wins unfair dismissal claim but was not subjected to discrimination

23 November 2011 #Employment

As reported in our previous blog, Scottish worker, Mark Lynch, sued his former employer for racial discrimiation and constructive unfair dismissal following alleged taunts about his Scottish nationality, including "sweaty sock".

The Tribunal found that Mr Lynch had been forced to resign from his poistion and had therefore been constructively unfairly dismissed. He was awarded just over £20,000 in compensation.

His claim for racial discrimination however was not upheld as the Tribunal were unable to establish that "such comments were made at a particular time by particular people on a particular day" and that if such comments as Mr Lynch alleged were made, they did not "have a particular regard to nationality".

Website This is Cornwall quote Mr Lynch as saying after the hearing: "I am obviously disappointed the panel did not uphold the racial allegations... The panel did not say the comments did not happen but ruled they could not say beyond reasonable doubt that they were said... I wrote down significant events in my diary but that sort of abuse was on a daily basis and so I didn`t record it in my diary."

Read more on this story here

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Read more articles


Employment team
+44 (0)118 958 5321