'Racism' claim against JD Wetherspoon rejected

An employment tribunal has thrown out a claim of racial discrimination brought against JD Wetherspoon by a chef who worked at one of its pubs in Swindon.

The tribunal panel, sitting in Bristol, unanimously rejected the claim against the pub group brought by Gregorio Mercedes Luciano, who was born in the Dominican Republic.

During the hearing, Mr Luciano claimed that fellow employees at the Savoy pub in Regent Street, Swindon, referred to him as "our little slave". He also said he was underpaid, and forced to work without breaks while other staff rested.

However, the three-man tribunal ruled that the claim against Wetherspoons was "misconceived". Tribunal chairman Clive Toomer said the pub's managers had followed the correct grievance procedures.

After Mr Luciano made the allegation of racial abuse to his employers, a fellow worker claimed he had kissed her on a drunken night out and then pursued her at work.

Mr Luciano alleged this was victimisation, saying a potential claim of sexual harassment was intended to persuade him to drop his own claim.

However, the tribunal said it was legitimate for Wetherspoons to investigate the allegation against Mr Luciano when it was made during the company's investigation of his own claims.

Su Cacioppo, personnel director of Wetherspoons, said: "We vigorously defended this case because we never believed there was any substance in it. The fact that tribunal unanimously rejected the claims shows our view was correct."