Mr E Itua v GXO Logistics UK Limited — 2022

The claimant applied for a facilities department role in January 2019. The Tribunal found that the role required 17th/18th Edition Institute of Engineering and Technology qualifications and previous automation experience, and that the claimant did not have those qualifications or experience. It found the successful candidate was qualified and had relevant previous experience.

The Tribunal found the claim was presented on 19 March 2021, more than two years after the alleged discrimination on 4 January 2019. It found no conduct extending over a further period and did not accept that the claimant only became aware of the alleged discrimination when he later learned about another employee's transfer. It held that the claimant knew he could bring a claim within time and that it was not just and equitable to extend time.

In the alternative, the Tribunal found that any policy or practice concerning recruitment of Cordant Security employees was not discriminatory and was not applied in a discriminatory manner. It found the proposed comparators were not in the same material circumstances: one had not disclosed prior Cordant employment and the respondent was unaware of it, and the other transferred under TUPE. The Tribunal concluded that the claimant was not appointed because of lack of required qualifications and experience, not because of race, and dismissed the claims as not well-founded.