MR J ANNOOZ v Create Recruitment Specialists Limited and 1 other — 2018

The claimant, a Finnish national of Iraqi origin, approached Create seeking pattern cutter work. The tribunal accepted that the initial meeting on 25 January 2018 involved completion of Create's standard registration form and discussion of the claimant's nationality, unspent convictions, and background. It found that Ms Pike's question about whether he had committed crimes was an explanation of the form's unspent convictions question, not treatment based on race. It also found that a reference to uniforms and the army in Baghdad arose from legitimate questioning about the claimant's experience.

The tribunal found that the respondents did not put the claimant forward for roles because Ms Pike reasonably considered that his experience was insufficient for the senior pattern cutter vacancies in question. It accepted that the roles were generally advertised at salaries of £30,000 to £40,000, that senior candidates would usually be expected to have recognisable high-end luxury or high-street experience, and that the claimant was interested only in senior roles rather than junior positions. The tribunal also rejected the proposed comparator, Ms RR, as materially different because her CV showed recognisable brands and different circumstances.

On the later telephone conversations and the claimant's grievance, the tribunal found that the claimant had not established a prima facie case of discrimination. Alternatively, it held that the respondents had shown non-discriminatory reasons: their assessment of the claimant's experience and, in relation to the calls, his persistent, loud and aggressive approach. It also held that the complaints were brought outside the primary limitation period and that it was not just and equitable to extend time. The claim for direct race discrimination was therefore dismissed. The tribunal noted that Create's lack of records, equality policy, and complaints procedure was poor practice, but it did not draw an adverse inference of discrimination.