This is a complaint by six Polish construction workers, who worked for the employer for at least four years prior to their dismissal in May 2009. The first-named did not make representations to the Tribunal and the case proceeded on the basis of submissions by the remaining five complainants. The Tribunal dismissed complaints on equal pay, discrimination in training, victimisation and discriminatory and victimisatory dismissals but found in favour of the complainants on discriminatory terms of employment and harassment.

In terms of harassment, there was evidence from the employer’s Irish employees that the complainant’s line manager was prone to ‘fiery outbursts’. The Tribunal preferred the evidence of the complainants that these included racist abuse. The Tribunal accepted that the