Cases6009397/2024

Claimant v Blaby District Council

20 June 2025Before Employment Judge OmambalaLeicesterin person

Outcome

Partly successful£16,335

Individual claims

Direct Discrimination(race)succeeded

The tribunal found that the claimant, a Black African woman, was treated less favourably than the successful candidate (an Asian man) in the recruitment and selection process for the Housing Accommodation and Enablement Officer role. She was interrupted during her interview preventing full answers, was not offered the same prompting opportunities as the comparator, scored highest but was not appointed, and the respondent failed to follow its own recruitment procedure. The tribunal concluded that race (alongside sex) was an operative cause of this treatment.

Direct Discrimination(sex)succeeded

The tribunal found that the claimant was discriminated against because of her sex in the recruitment process. The role historically consisted only of men and had a 'male culture'. She was treated less favourably than the male comparator during the interview process, was the highest scoring candidate but was not appointed, and the respondent's departure from its recruitment procedure was not adequately explained. The tribunal concluded sex was an operative cause of the discriminatory treatment alongside race.

Direct Discrimination(race)failed

The claimant's complaint regarding the delay in providing interview scoresheets failed. The tribunal found no evidence that an employee of a different race would have been treated more favourably in the timely provision of this information, and the respondent's processes for handling such requests applied equally to all employees.

Direct Discrimination(sex)failed

The claimant's complaint regarding the delay in providing interview scoresheets failed. The tribunal found no evidence that an employee of a different sex would have been treated more favourably in the timely provision of this information.

Direct Discrimination(race)failed

The claimant's complaint regarding the difference in shadowing opportunities offered to her compared to the comparator failed. The tribunal found that Mr Crane originally agreed to allow the claimant to shadow him before deciding it would be of limited value at that time, and no inference of race discrimination could be drawn from the primary facts.

Direct Discrimination(sex)failed

The claimant's complaint regarding the difference in shadowing opportunities failed. The tribunal found no evidence that sex was an operative factor in the decision to redirect the claimant's shadowing request to another individual.

Facts

The claimant, a Black African woman employed as a Homelessness Case Officer since 2015, applied for a Housing Accommodation and Enablement Officer role. She was one of four candidates interviewed on 30 April 2024 by a three-person panel. During her interview, the panel chair interrupted her three times telling her she had already answered questions, preventing full responses. The claimant achieved the highest interview score (26 from one panellist, compared to the successful Asian male candidate's score of 19 from the same panellist), but the appointment decision was removed from the interview panel and given to managers who had not interviewed the candidates. The respondent appointed the male candidate despite the claimant's higher overall score, and failed to follow its own recruitment procedure which required appointment of the highest scorer.

Decision

The tribunal found that the claimant was unlawfully discriminated against on grounds of race and sex in the recruitment process and appointment decision. The respondent failed to provide a cogent explanation for departing from its recruitment procedure, for not appointing the highest scoring candidate, and for the less favourable treatment during interview. The tribunal awarded £15,000 injury to feelings plus interest, totalling £16,334.79, and recommended mandatory recruitment training for the managers involved.

Practical note

Employers must follow their own recruitment procedures rigorously, particularly the requirement to appoint the highest scoring candidate, and failure to do so without cogent explanation can lead to successful inferences of discrimination, especially where procedural irregularities disadvantage candidates with protected characteristics.

Award breakdown

Injury to feelings£15,000
Interest£1,335

Vento band: middle

Legal authorities cited

Anya v University of Oxford [2001] ICR 847Shamoon v CC of the RUC [2003]Hewage v Grampian Health Board [2012] UKSC 37Efobi v Royal Mail Group Ltd [2021] UKSC 33Base Childrenswear Ltd v Otshudi [2020] IRLR 118

Statutes

Equality Act 2010 s.136Employment Tribunal (Interest on Awards in Discrimination Cases) Regulations 1996Equality Act 2010 s.13Equality Act 2010 s.39(2)(b)Equality Act 2010 s.39(2)(d)Equality Act 2010 s.124(2)(c)Equality Act 2010 s.23(1)

Case details

Case number
6009397/2024
Decision date
20 June 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
solicitor

Employment details

Role
Homelessness Case Officer

Claimant representation

Represented
Yes
Rep type
solicitor