Mr Bedford Sackey Mr Louis Ndingane Mr Michael Beharry Mr Abdirisaq Osman Miss Gifty Kollman Mr Mayawa Kolawole Mr Hussein Kahia Mr Robie Hussein Mr Felix Homa Mr Areas Birie Mr Omer Ahmed Mr Fuaad Ahmed v Royal Mail Group Limited — 2023

The claimants, who were Angard agency mail processors working at the respondent's National Distribution Centre, alleged that their online test scores in a November 2021 recruitment process for permanent mail processor roles were incorrect or falsified because of race. The tribunal found that the scores provided were Sten scores generated through Clevry's system, not marks out of 16, and that neither Clevry nor the respondent stored marks out of 16 for the claimants.

The tribunal accepted evidence that the online test data was processed automatically and that relevant SuccessFactors access was held by recruitment staff based in Sheffield, not managers at the National Distribution Centre. It found no evidence that NDC managers had access, opportunity or knowledge to alter the scores. It also found that the available recruitment statistics did not evidence less favourable treatment of Black agency applicants compared with non-Black agency applicants.

For victimisation, the tribunal accepted that the October 2019 petition and Mr Sackey and Mr Ndingane's communications with Mark Pawsey MP were protected acts, but found that the September 2021 petition about shift priority was not. Since the alleged incorrect or falsified scoring was not established, and there was no evidence connecting the relevant SuccessFactors users with knowledge of the protected acts, the victimisation complaint was dismissed.