Case 2600593/2019 · Employment Tribunal
Mr A E Madu v Loughborough College — 2022
- Case reference
- 2600593/2019
- Decision date
- 25 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson
- Panel members
- Ms B Tidd, Mr C Bhogaita
Parties
2 namedClaimant
Mr A E Madu
Respondent
Key findings
Tribunal's reasoningMr Madu brought three direct race discrimination complaints arising from recruitment to a part-time lecturer post in health and social care at Loughborough College. The tribunal found that he was interviewed because the college considered him a potentially suitable candidate, not as a token or to justify a pre-selected appointment. It accepted the evidence of the college witnesses, rejected Mr Madu's evidence where it considered him unable to accept alternative explanations, and noted that the interview and microteach process was based on common scoring templates used for all candidates.
On the complaint about the interview time, the tribunal found that Mr Madu had asked only for his interview to be moved later on the same day so that he could travel more cheaply and have a later start, whereas DW had asked for a different day because they could not attend the original date. The panel had teaching commitments and could not move the interview time later. The tribunal held that DW was not a proper comparator on the facts, that there was no evidence race affected the refusal, and that this part of the claim was also out of time with no just and equitable basis to extend time.
On the non-appointment complaint, the tribunal found that AB scored highest overall, with Mr Madu ahead of DW but well behind AB. It accepted that the microteach presentation had technical problems, but the panel adjusted the marking criteria for all candidates so that no one was disadvantaged on equipment, resources or timekeeping. The tribunal rejected the suggestion that the scoring was orchestrated or that AB was a 'special candidate', and found no evidence that race influenced the appointment decision. It also held this complaint was out of time and refused to extend time.
On the feedback and grievance correspondence, the tribunal found that the claimant's emails did not allege race discrimination on any reasonable reading. It held that the respondent did provide feedback, that the delay was explained by workload and year-end pressures, and that the grievance process disclosed no evidence of racial discrimination. All claims were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal held that the claimant's emails of 13 November 2018, 25 November 2018 and 18 January 2019 did not amount to complaints of race discrimination, and that the respondent's delayed response to feedback requests was explained by HR workload and other pressures. It found no evidence that race played any part in the handling of the feedback requests or grievance. | Dismissed | Race | — |
| Race discrimination | The tribunal held this claim was presented out of time, that it was not just and equitable to extend time, and that it would in any event have been dismissed on the merits. It found Mr Madu had asked only for a later interview time, not a different date, and that DW was not in a materially similar position. | Dismissed | Race | — |
| Race discrimination | The tribunal held this claim was presented out of time, that it was not just and equitable to extend time, and that it would in any event have been dismissed on the merits. It found the interview and microteach process genuine and open, that the score sheets supported the recorded marks, and that there was no evidence race affected the non-appointment. | Dismissed | Race | — |
Legal tests applied
8 references- Equality Act 2010 section 13
- Shamoon comparator test
- Burrett v West Birmingham Health Authority objective less favourable treatment
- Madarassy v Nomura burden of proof
- Efobi v Royal Mail burden of proof
- Equality Act 2010 section 123 just and equitable extension
- Adedeji v University Hospitals Birmingham time limit factors
- Abertawe Bro Morgannwg University Local Health Board v Morgan time limit prejudice
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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