Mr G Siapolya v North Kent College — 2024

Mr G Siapolya was employed by North Kent College as a Lecturer in Media Studies from 1 September 2022 and was dismissed during his probationary period on 20 March 2023. He brought one claim only, alleging direct race discrimination under section 13 of the Equality Act 2010. The Tribunal found that his dismissal was prompted by genuine concerns about classroom management, attendance, and the use of eTrackr in relation to students at risk of failing.

The Tribunal found that the concerns relied on by the respondent were not fabricated. It accepted that Mr Dunne and Mx Howard had genuine concerns about punctuality, absence from work when he should have been on site, classroom control, and the claimant’s handling of student progress records. It found that the SO92 report issue was not part of the factual reason for dismissal, and that the respondent’s dissatisfaction on that point was really about having the relevant attendance information available for discussion rather than about the absence of a printed report.

On comparators, the Tribunal found that the claimant had not proved facts from which it could conclude, in the absence of an adequate explanation, that he was treated less favourably because of race than a white lecturer in the same or materially similar position would have been. The claimant’s suggested comparators did not assist materially, and the Tribunal noted that one other white probationer had been dismissed earlier in their probationary period. It also took into account the claimant’s admission in cross-examination that the respondent had legitimate concerns about whether he was on site when he should have been and that those concerns were unrelated to race.

Applying the burden of proof approach, the Tribunal held that the burden did not shift to the respondent. It added that, even if it had shifted, it would have found that the dismissal was in no sense whatsoever because of race, but because of the respondent’s genuine performance and attendance concerns. The claim was therefore dismissed in full, with no remedy awarded.