Dr R A Hackley v Queen Mary University of London — 2020

The claimant, a lecturer in the respondent's School of Business and Management, alleged direct race discrimination and harassment related to race in connection with unsuccessful promotion applications, grievance handling, a feedback meeting, and the Creative Branding module. She also alleged sex discrimination and harassment related to sex in respect of comments made during the grievance investigation about childcare pressures.

The tribunal accepted the respondent's explanations for the promotion decisions. It found that the claimant had not shown sufficient evidence of meeting the required competencies, particularly in relation to enabling activities, management, collegiality, and, for the Reader post, the level of research and reputation expected. The tribunal noted that some successful promotion candidates were of Asian or Black ethnicity and found no basis to infer race discrimination.

The tribunal found that Professor Shelton reasonably upheld one part of the grievance concerning delay in considering a flexible working request, and dismissed the remainder based on her genuine assessment of the merits. It found the 2018 feedback meeting was conducted appropriately and that Professor Bowen had not lied when saying the Creative Branding course was not then scheduled to run.

The tribunal found that Professor O'Shaughnessy's comments during the grievance process were an attempt to explain the claimant's lack of participation by reference to childcare responsibilities and did not amount to a detriment or harassment. It also held that the 2013 and 2015 complaints were out of time and that it was not just and equitable to extend time, while it had jurisdiction to consider allegations from 2017 onwards.