: R McPherson J Burnett Mr David Odigie v Argyll & Bute Council — 2021

The claimant alleged that the respondent victimised him because he had previously brought Equality Act proceedings against it. The alleged detriments were not being selected for interview for an Environmental Health Officer post in November 2019 and being told in February 2020 that a Graduate Environmental Health Officer position had been withdrawn. The respondent accepted that the earlier tribunal proceedings were a protected act, and the tribunal found that the decisions complained of put the claimant at the disadvantage of losing an opportunity to secure work.

For the Environmental Health Officer post, the tribunal found that the essential criteria required the applicant to be qualified or working towards the REHIS Diploma. REHIS told the respondent that the claimant was not registered as a student, and the tribunal found no basis to infer that the decision not to interview him was because of the prior proceedings. It accepted the respondent's explanation that he was not invited to interview because he did not meet the essential criteria.

For the graduate position, the tribunal found that regulatory services were under significant work pressure, including unfilled vacancies, long-term absence and EU exit-related risks. The recruitment panel assessed the graduate applicants and concluded that each would require considerable training, and that the service needed a qualified Environmental Health Officer instead. The tribunal found no basis to infer that the withdrawal of the graduate position was because of the prior proceedings, accepted the respondent's explanation, and dismissed the victimisation complaint.