Mr L Betchley, counsel For the v Respondent — 2023

The claimant applied on 29 November 2022 for a Facilities Manager role with Westminster City Council, was interviewed on 12 January 2023, and received a conditional offer on 19 January 2023 confirmed in writing on 24 January 2023. On 29 January the second respondent found the claimant's book, earlier tribunal proceedings and company directorship through a Google search, but the recruitment process continued through the right to work and reference stage.

When references were received from Morden College and ORR, the tribunal found significant discrepancies with the application and interview evidence, including dates of service and job titles. It found that the claimant had given the impression that he was still employed by ORR, when he had in fact been dismissed in July 2022, and that the respondents were entitled to regard the discrepancies as serious. The second respondent, supported by Mr Spiteri and HR, withdrew the conditional offer on 23 February 2023 because of those discrepancies.

The tribunal accepted that the claimant had carried out protected acts and that the withdrawal of the offer was a detriment, so the burden of proof moved to the respondents. It held that the protected acts were not the reason for the withdrawal and that the decision was caused by the number and seriousness of the reference discrepancies, which were a separable matter under the authorities the tribunal cited. The victimisation claim was dismissed. On the separate costs application, the tribunal found that the claimant had provided false or misleading information about remaining in ORR employment, treated that as a central fact going to liability, and ordered him to pay the respondents' costs of £3,000, with time to pay by 29 February 2024.