The Employment Appeal Tribunal ("EAT") has found that an employee, who had raised a grievance and submitted a tribunal claim about persistent racist comments, was not victimised when his employer required him to relocate to an alternative site. The employer relied on a contractual mobility clause, and then dismissed the employee after he refused to relocate.
Although the abusive remarks and the employer's handling of the grievance had amounted to direct race discrimination, the tribunal had been wrong to conclude that the reason for the proposed relocation was the fact that he had raised the grievance. The relocation was eventually imposed on the employee after he had refused to participate in an Acas mediation, and was a reasonable solution to the problem that had arisen. The employer offered to subsidise any additional travel costs, and gave the employee a choice of jobs at the new site. In these circumstances, the tribunal had been entitled to find that the dismissal was fair. (Micheldever Tyre Service Ltd v Burrell  UKEAT/0368/12 and UKEAT/0427/12).