Dr N Arunasalam v University of Plymouth — 2021

Dr N Arunasalam, a lecturer in adult nursing at the University of Plymouth, brought claims of direct race discrimination and harassment arising from events between July 2018 and December 2019. The tribunal accepted that she was Asian and from Malaysia, and that she may have been the only non-white member of the School or one of a very small number, but it found that the case turned on a clash of ethos and personality rather than race.

On the direct discrimination allegations, the tribunal rejected the claimant's account that Louise Winfield asked her to withdraw from the ENNE role so it could be given to an English person. It preferred Ms Winfield's evidence and noted that the claimant's account had changed over time. It also found that Suzi Robinson's hostility after dissertation feedback was linked to the academic issues around her MSc work and Dr Arunasalam's role as supervisor and first marker, not to race.

The tribunal further found that Ms Winfield did not disregard the claimant's concerns about Suzi Robinson, that the 12 March 2019 email about the dissertation and mark would have been embarrassing but was not race-related, and that the questions and scrutiny in December 2019 over student support and Tim Needham's extension were reasonable management responses to the situation. The tribunal held that the claimant was being regarded as unreasonable for refusing further support to Mr Needham, and that a white member of staff would have been treated the same way.

On harassment, the tribunal held that the allegations either were not factually made out or, where some unwanted conduct was established, were not related to race. It therefore dismissed the harassment claim as well. Because all claims failed, the tribunal did not need to determine limitation, although it observed that it would not have found good reason for late presentation in relation to matters up to March 2019. The final outcome was that the claims were dismissed.