Dr M Rana v University Of Wolverhampton — 2024

Dr M Rana, an Asian Pakistani Muslim, brought direct race discrimination, direct religion/belief discrimination and constructive unfair dismissal claims against the University of Wolverhampton. The tribunal applied s.13 and s.136 EqA 2010 to the discrimination complaints and the Western Excavating, Malik and Kaur line of authorities to the constructive dismissal complaint. It noted that acts before 4 February 2022 were potentially out of time, but did not decide limitation because the claims failed on the merits.

On the start-time and workload allegations, the tribunal found PH asked Rana on 2-3 occasions to arrive around 8.00am so he would be ready for 9.00am lectures, and on one occasion took the lateness issue to MA, including a comment about buying Rana a watch. It did not find Rana was required or forced to leave after 5.00pm, that he received a verbal warning, or that he was forced to work more than his contracted hours. It accepted he was asked to help mark the Hong Kong module scripts once, but found no continuing interference with workload. The tribunal also found the claimant and MA unreliable on the alleged contemporaneous complaints to MA about racism, because no documentary record supported those accounts.

The tribunal found no proved discrimination in the later funding and leave allegations. It held that the JAET invoice and related expense issues in early 2022 were administrative delays, not an intentional blockade by PH, and that Rana was not required to contact PH while on sick leave. It also found that Rana was not required to work during annual leave in December 2021, and that the allegation that he was forced to add PH's name to publications or grants was not proved. The grievance stage delays were attributed mainly to Rana's objections to the proposed investigators and, later, to staffing and organisational change at the respondent.

On the Brighton conference issue, the tribunal found that PH refused to authorise OO and LO to attend and used words along the lines of 'not under my watch', but it was not satisfied that he shouted at them. It accepted Rana and other BAME colleagues had been supported for other events, and found the Brighton decision was driven by the location and PH's view that the event should have been held at the respondent, not by race or religion. On the British Council printing issue, the tribunal found the zap stands were printed without the correct logo, but treated this as an error rather than deliberate conduct directed at Rana.

For constructive dismissal, the tribunal held none of the individual matters, nor the allegations taken cumulatively, amounted to a repudiatory breach of the implied term of trust and confidence. It found Rana accepted a higher-paid remote Tutor role with University College of Estate Management on 15 December 2021 and resigned by email on 16 December 2021, so the later grievance events could not have caused the resignation. The constructive dismissal claim was therefore dismissed, as were the race and religion/belief discrimination claims.