Mrs B Parmar v Leicester City Council — 2023

The Claimant, a British national of Indian origin and Head of Service, brought a direct race discrimination claim arising from the Respondent's decision to transfer her from her role and commence a disciplinary investigation in January 2021. The Tribunal found that she had established facts from which an inference of discrimination could be drawn, including different treatment of comparable conduct or conflict involving white employees, where informal handling or mediation had been used instead of disciplinary action.

The Tribunal found there was nothing of substance to start a disciplinary investigation against the Claimant and that the allegations were not particularised in a way that identified misconduct. It considered that Ms Lake moved quickly to investigation and suspension for matters at the same or lower level than matters involving white employees, and that the only comparable employees against whom Ms Lake had commissioned disciplinary investigations were of Asian origin.

The Respondent's explanations, including reliance on HR advice, the need to gather evidence, alleged seriousness of the concerns, and alleged targeting of SR, were not accepted as establishing a non-discriminatory reason. The Tribunal upheld the race discrimination claim in relation to the transfer, investigation, two investigation meetings, and failure to consider lesser measures, but dismissed the allegation that false allegations had been made in the sense of being manufactured or fabricated. Remedy was adjourned.