Case 3321327/2021 · Employment Tribunal
In person For the v Respondent — 2023
- Case reference
- 3321327/2021
- Decision date
- 17 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks-Bowyer Tribunal
- Panel members
- Tribunal Member Betts, Tribunal Member Smith
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant applied for a fixed-term Reward Specialist role and was initially not shortlisted because his application was treated as incomplete: the tribunal found that candidates were required to upload a CV with the application form, and that he had not done so when first assessed. After he queried the decision, he was shortlisted, invited to a fit call, and then invited to interview. The tribunal found that the fit call was applied to all shortlisted candidates, that Jon Forde took it because Keeley Clements was unavailable, and that the Friday timing of the call and the later interview did not amount to discrimination.
On the evidence about the interview, the tribunal rejected the claimant's account that the panel had already decided not to appoint him, that the interview was rushed to stop him using notes, that the questions were put in an aggressive or inappropriate way, or that Christine Bennett and Jon Forde used negative body language or snapped at him. It found that the interview panel asked the same core questions of all candidates, that the claimant was asked follow-up questions to identify what he personally had done, and that his performance was poor because he went off topic and did not give focused answers. The written and oral feedback after the interview was found to be consistent with that assessment.
The tribunal concluded that the only act which might, on its face, have been less favourable treatment was Ms Bennett's misspelling of the claimant's name in an email. It held that this was an innocent typographical error and not something done because of the claimant's sex or race. It also rejected the suggestion that the respondent's complaint handling covered up discrimination. The age and sexual orientation complaints had already been dismissed following an unless order dated 8 February 2022, and no part of the claim succeeded. The claims were dismissed in full.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | Dismissed following the unless order dated 8 February 2022; the later reasons did not determine this complaint on the merits. | Dismissed | Age | — |
| Sexual orientation discrimination | Dismissed following the unless order dated 8 February 2022; the later reasons did not determine this complaint on the merits. | Dismissed | Sexual orientation | — |
| Sex discrimination | Dismissed after the full merits hearing. The tribunal found no less favourable treatment because of sex; the only potentially adverse act it identified was the misspelling of the claimant's name, which it held was an innocent error. | Dismissed | Sex | — |
| Race discrimination | Dismissed after the full merits hearing. The tribunal found no less favourable treatment because of race; the only potentially adverse act it identified was the misspelling of the claimant's name, which it held was an innocent error. | Dismissed | Race | — |
| Religion or belief discrimination | Dismissed after the full merits hearing. The tribunal found no treatment because of religion or belief and rejected the allegation that the recruitment process was affected by the claimant's Muslim faith. | Dismissed | Religion or belief | — |
Legal tests applied
13 references- section 13 Equality Act 2010
- section 23 Equality Act 2010
- section 136 Equality Act 2010
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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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