Mr G Zireva v Network Rail Infrastructure Limited — 2020

The claimant, an African man from Zimbabwe and a British citizen, applied for a Grade 9 Signaller role in Link 2. While he was absent through illness and in hospital, recruitment emails were sent to his work email account asking him to confirm attendance at interview. His application was then treated as withdrawn for failure to confirm attendance. When he contacted Mr Wells after the interviews had taken place, Mr Wells did not arrange a late interview and used the phrase "I am not your keeper". The tribunal found that the phrase, in itself and in context, did not bear racial animus.

On the late interview allegation, the tribunal found that Mr Wells had authority to arrange a late interview but did not do so because the application had been withdrawn, interviews had already taken place, and the recruitment process had been followed. A white British signaller, CK, had also been refused a rearranged interview after being unable to attend for reasons beyond his control. The tribunal found the comparator evidence did not support the claimant's case and that rumours or unverified comments did not displace the proven facts.

On the appointment of CS before the grievance was completed, the tribunal found that the decision was made when a second potential Grade 9 vacancy had arisen, leaving a possible remedy available if the claimant's grievance succeeded. The reasons for appointing CS were found to relate to the impact on other candidates and the financial impact of not filling the role, not race.

On the grievance and appeal decisions, the tribunal accepted that aspects of the process could be criticised and that the grievance took too long. It found, however, that Mr Mahy and Mr Collins did not reach their conclusions because of race. Although Mr Collins did not pursue comments said to have been made on the "grapevine", the tribunal accepted that he investigated the appeal to the best of his ability and found that the grievance appeal decision was not on the grounds of race. All complaints were dismissed.