Claimant v Blaby District Council
Outcome
Individual claims
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.
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.
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.
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.
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.
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
Vento band: middle
Legal authorities cited
Statutes
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