In person For the v Respondent — 2021

Mr Carl Adekunle brought a single claim of direct race discrimination arising from his dismissal by Argus Software (UK) Ltd on 23 September 2020. He worked as a Senior Project Manager from 3 November 2019 to 23 September 2020. The tribunal accepted that he described himself as Black British and that his dismissal was the detriment relied on for the section 13 Equality Act claim.

The tribunal found that the respondent had performance concerns about the claimant on the Helaba and Orbitas projects. Those concerns were raised in meetings on 12 and 19 June 2020, and in internal and external communications from managers and colleagues. The tribunal found that the claimant was told in general themes about issues including familiarity with what was required to move projects forward, cancelling meetings, availability during business hours, timeliness and responsiveness, and communication with clients. It found that Orbitas was substantially over budget and behind schedule, and that Helaba clients had also complained about the claimant's approach and performance.

The claimant relied on Mr Matthew Sharpe as a comparator. The tribunal found that Mr Sharpe was not in materially the same circumstances because his role on the Allianz project changed for reasons that were not performance-related, and he continued in an advisory and steering capacity. By contrast, the tribunal found that the claimant generated complaints from both Orbitas and Helaba and did not meet the respondent's performance criteria for a successful Senior Project Manager.

Applying the burden of proof authorities it cited, the tribunal held that the claimant had raised enough to shift the burden, but the respondent had provided a non-discriminatory explanation and the tribunal accepted it. Its ultimate finding was that the reason for dismissal was poor performance and not race. The claim was therefore dismissed, and no remedy was awarded.