Member P McColl Tribunal Member D Frew Mr J Owusu v Dundee City Council — 2021

The claimant alleged that a reference provided by the respondents to a prospective employer was a detriment because he had previously brought tribunal proceedings against them. It was agreed that the earlier proceedings were a protected act, and the tribunal treated the issue as whether the reference was given in the terms it was because of that protected act.

The tribunal found that the reference stated the claimant had been dismissed following substantiated misconduct allegations and an irretrievable breakdown in the working relationship. It accepted the respondents' evidence that the same answer would have been given for an employee dismissed for gross misconduct who had not brought tribunal proceedings, and that the wording was based on the dismissal letter rather than on the earlier claim.

The tribunal was satisfied that there were no facts from which it could decide, in the absence of another explanation, that discrimination had occurred. It also found no basis for an inference that the earlier tribunal claim had consciously or subconsciously influenced the terms of the reference. The victimisation claim was unsuccessful.