In person For the v Mr M Bloom, solicitor — 2020

Mr C Mitchell, a Black British teacher aged 55, complained that United Learning Trust treated him less favourably on race, age and sex when he was not given an opportunity to apply for a Curriculum Leader vacancy in May 2018, when he was not given an opportunity to apply for a Lead Teacher post in RE, during the grievance and appeal process, and in a 11 June 2018 meeting; he also claimed victimisation after emailing a complaint on 4 June 2018.

The tribunal rejected direct discrimination allegations arising from the Lead Teacher post, the grievance and appeal, and the 11 June discussion. It accepted that Ms Drysdale's Lead Teacher arrangement was made in materially different circumstances to retain her, and that the grievance and appeal followed the school's written procedure, with no facts showing less favourable treatment because of race, age or sex on those issues.

By contrast, the tribunal upheld direct discrimination in relation to the Curriculum Leader vacancy. It found that the claimant had no real opportunity to apply, while email evidence showed Ms Drysdale was to be told about the vacancy and drawn into the process. The respondent's explanation of urgency and notice constraints was accepted only in part; the tribunal was not satisfied that it explained the difference in treatment, and it found the claimant was treated less favourably because of race, age and sex.

The tribunal also upheld victimisation. It found that the claimant's 4 June 2018 email was a protected act, and that Mr Wilson's 11 June 2018 suggestion of a 'late resignation', taken with the absence of any retraction or reassurance, amounted to a detriment because the claimant had complained about discrimination. The case was listed for a remedy hearing on 26 January 2021, so this judgment contains no quantified award.