Mr Owen (CAB representative) v Mr Barca (Solicitor) — 2021

The tribunal found that Mr Carrasco was acting on behalf of Escape Campus Limited in a supervisory or management role, and that he and the Claimant could communicate to a reasonable level in Spanish. It accepted that, on more than one occasion, Mr Carrasco and Mr Misceo expressed negative views about the Claimant hiring visibly Muslim teachers, leaving the Claimant with the clear impression that such staff were unwelcome at the school.

The tribunal did not accept several of the Claimant's specific allegations. It was not satisfied that the alleged instructions to dismiss Ms Osman or Ms Hassan, the alleged comment about alcohol at the limoncello incident, or several of the more detailed allegations about headwear and dismissal were proved. On the dismissal issues, it found that the reasons for dismissal were the Claimant's attendance and conduct around 1 and 6 July 2019, together with dissatisfaction over his handling of other staff matters, rather than his religion or his alleged refusal to dismiss or avoid recruiting Muslim teachers.

On liability, the tribunal held that the comments about not hiring Muslim teachers, or questioning why the Claimant was doing so, amounted to harassment related to religion and to an instruction or inducement contrary to section 111 of the Equality Act 2010. The direct discrimination and victimisation complaints were dismissed. The tribunal awarded £5,000 for injury to feelings for the successful complaints, added £727.50 interest calculated from 15 June 2019 to 9 April 2021, and held the respondents jointly and severally liable for the total of £5,727.50.