Case 1805912/2021 · Employment Tribunal
Mr M Butterick v The University of Leeds — 2023
- Case reference
- 1805912/2021
- Decision date
- 17 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shepherd Members
- Venue
- Leeds
- Panel members
- Ms. Blesic, Ms. Takla-Wright
Parties
2 namedClaimant
Mr M Butterick
Respondent
Key findings
Tribunal's reasoningThe Tribunal dismissed the claims of indirect race and age discrimination. It found no evidence that someone of the claimant's age and race was less likely to have a PhD, no evidence that recruitment was targeted primarily at non-UK institutions, and no evidence of an operating culture designed to prevent older white UK employees from applying. It also found the claimant was encouraged to apply for the teaching and research posts and was told the PhD requirement would not be applied to him.
The Tribunal dismissed the protected disclosure detriment and victimisation claims. It accepted that the claimant's emails of 29 June 2021 and 11 August 2021 were protected disclosures, but found no credible evidence that the alleged treatment was because of protected disclosures or protected acts. It found the respondent followed an agreed process for fixed term contracts and redeployment, and that the claimant accepted a new role before the expiry of notice.
The Tribunal also dismissed the fixed term employee claim. It was not satisfied that less favourable treatment on the ground of fixed term employee status had been shown, and stated that any such treatment would in any event have been objectively justified by the respondent's aim of increasing research capacity through permanent teaching and research posts.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Claim pleaded as indirect race discrimination under s19 Equality Act 2010. | Dismissed | Race | — |
| Age discrimination | Claim pleaded as indirect age discrimination under s19 Equality Act 2010. | Dismissed | Age | — |
| Whistleblowing | Claim pleaded as detriment for making protected disclosures under s47B Employment Rights Act 1996. | Dismissed | — | — |
| Victimisation | Claim pleaded as victimisation because the claimant had done protected acts. | Dismissed | — | — |
| Fixed-term employee regulations | Claim pleaded as less favourable treatment as a fixed term employee than a comparable permanent employee. | Dismissed | — | — |
Legal tests applied
6 references- s47B Employment Rights Act 1996
- s43A Employment Rights Act 1996
- s19 Equality Act 2010
- s27 Equality Act 2010
- regulation 3 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
- proportionate means of achieving a legitimate aim
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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