Dr S Singh and Mr J McElwee Dr Aamir Rasheed v University Of Strathclyde — 2023

The Tribunal dismissed the direct race discrimination claim. It accepted the respondent's evidence that the Skills Researcher post required skills research experience, including understanding of labour market indicators, workforce development, skills policy and the skills landscape, rather than technical manufacturing or engineering expertise. It found the claimant's application mainly demonstrated technical engineering and project management experience, while the comparator's application demonstrated more relevant skills research experience through work with Skills Development Scotland. The Tribunal concluded that the comparator's circumstances were materially different and that the claimant was not shortlisted because the panel considered the comparator's application more relevant to the role, not because of race.

The Tribunal also dismissed the victimisation claim relating to the Business Development Manager role. It accepted that the claimant's grievance was a protected act and that non-appointment could be a detriment, but found that the interview panel, including Ms Dent, did not know the claimant had raised a grievance. It accepted the contemporaneous interview notes and evidence that the claimant performed poorly at interview and was not considered suitable for the role.

The Tribunal dismissed the victimisation claim relating to the end of the claimant's fixed-term contract. It found that the claimant's employment ended because his two-year fixed-term SME Adviser contract expired, the funded SME programme had ended, and there was no further funding available to extend his post. It accepted that all SME Advisers, other than those who left early, had their contracts terminated on expiry of their two-year terms, and found no causal link between the claimant's grievance and his dismissal.