Vaultex UK Ltd v Mr Robert Bialas
| Jurisdiction | UK Non-devolved |
| Judge | Judge Auerbach,Charles Edward Lord,Ms G Mills |
| Court | Employment Appeal Tribunal |
| Published date | 01 March 2024 |
Judgment approved by the court Vaultex UK Ltd v Bialas
© EAT 2024 Page 1 [2024] EAT 19
Neutral Citation Number: [2024] EAT 19
Case No: EA-2022-001258-AT
EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 25 January 2024
Before:
HIS HONOUR JUDGE AUERBACH
CHARLES EDWARD LORD OBE
MS G MILLS CBE
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Between:
VAULTEX UK LTD
Appellant
- and -
MR ROBERT BIALAS
Respondent
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Ms Sarah Clarke (instructed by Shoosmiths Solicitors) for the Appellant
Mr Bialas, the Respondent, appeared in person
Hearing date: 25 January 2024
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JUDGMENT
Judgment approved by the court Vaultex UK Ltd v Bialas
© EAT 2024 Page 2 [2024] EAT 19
SUMMARY
UNFAIR DISMISSAL
The claimant in the employment tribunal was dismissed for having posted a racist “joke” on
the respondent’s intranet, which was used by all of its employees.
The employment tribunal found that the sanction of dismissal was outside of the band of
reasonable responses and so that the dismissal was unfair.
The respondent appealed on the grounds that, notwithstanding a correct self-direction as to
the law, the tribunal had not applied the band of reasonable responses approach to the
sanction, but had substituted its own view of the appropriate sanction for that of the
employer; and/or it had reached a decision that was perverse.
The appeal was upheld, and a decision substituted that the dismissal was fair.
Brent LBC v Fuller [2011] ICR 806 (CA) considered.
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