Case 3305551/2024 · Employment Tribunal
Mr Gursajan Singh v The Hearing Care Partnership Limited — 2026
- Case reference
- 3305551/2024
- Decision date
- 17 July 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge MJ Smith
- Venue
- Reading in person
- Panel members
- Mrs A Brown, Mr F Wright
Parties
2 namedClaimant
Mr Gursajan Singh
Respondent
Key findings
Tribunal's reasoningMr Gursajan Singh claimed that The Hearing Care Partnership Limited directly discriminated against him because he is a Sikh man of Indian origin. The claim concerned its decisions not to progress two applications for work as a Hearing Aid Audiologist. The tribunal unanimously dismissed the complaint.
On the first application, the tribunal accepted Sarah Forbes's evidence that Mr Singh did not properly engage with the telephone interview, did not answer questions about key performance indicators and resisted the clinical assessment process. It found that the white female NHS candidate relied on as a comparator had a materially different career background and was not a useful comparator. The rejection on 23 April 2024 was not because of race.
Mr Singh reached the clinical assessment stage of the later application. Before the assessment, he answered "No" when asked whether he had left an organisation following dismissal after disciplinary action. A later search found an Employment Tribunal judgment recording that he had been fairly dismissed for conduct. The tribunal rejected his evidence that he had forgotten the dismissal and earlier proceedings. It found that honesty and integrity were essential requirements of the role and that the respondent had grounds to believe he had not met those criteria. A hypothetical white, non-Sikh candidate who had given a false answer to the same direct question would not have been treated more favourably, and the rejection on 27 November 2024 was not because of race.
The tribunal found no direct or indirect evidence from which it could infer that either decision was due to race, whether the acts were considered separately or cumulatively. Applying section 13 of the Equality Act 2010 and the burden-of-proof approach in Madarassy v Nomura International Plc and Royal Mail Group Ltd v Efobi, it accepted the respondent's explanations for both decisions.
The respondent sought £27,804.99 in costs. Under rule 74 of the Employment Tribunal Procedure Rules 2024, the tribunal found that Mr Singh had acted unreasonably in bringing and conducting the proceedings and that the claim had no reasonable prospect of success, at the latest from the costs warning dated 10 October 2025. After considering his means, his status as a litigant in person and the work reflected in the respondent's costs schedule, it ordered him to pay £10,000 towards the respondent's costs. This was a costs order in favour of the respondent, not a remedy awarded to the claimant.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The direct race discrimination claim concerned the respondent's decisions not to progress the claimant's applications in April and November 2024. The tribunal made no award to the claimant. It ordered him to pay £10,000 towards the respondent's costs. | Dismissed | Race | — |
Legal tests applied
5 references- section 13 Equality Act 2010
- Madarassy v Nomura International Plc [2007] ICR 867
- Royal Mail Group Ltd v Efobi [2021] 1 WLR 3863
- rule 74(2)(a) Employment Tribunal Procedure Rules 2024
- rule 74(2)(b) Employment Tribunal Procedure Rules 2024
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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