Claimant v Lifeways Community Care Ltd
Outcome
Individual claims
The tribunal found that the claimant had not proved facts from which they could conclude, in the absence of an adequate explanation, that the respondent had committed an act of discrimination. Although there were procedural deficiencies in the recruitment process and lack of diversity, the burden of proof did not shift and no inference of discrimination arose.
Facts
The claimant brought a race discrimination claim relating to a recruitment process. The claimant had necessary qualifications and relevant experience for the role. The respondent's recruitment process had procedural deficiencies including no objective scoring matrix, inadequate interview notes, lack of diversity, and a track record of appointing white British managers. The claimant was marked down significantly on presentation which accounted for 50% of allocated marks.
Decision
The tribunal dismissed the race discrimination claim, finding the claimant had not proved facts sufficient to shift the burden of proof. Following the substantive judgment, the tribunal also dismissed the respondent's costs application, finding the claim did not have no reasonable prospects of success and the claimant did not act unreasonably in rejecting a £10,000 settlement offer and continuing with the claim.
Practical note
Even unsuccessful discrimination claims may not warrant costs orders if brought in good faith and where procedural deficiencies in recruitment processes give the claim sufficient merit to make it reasonable to pursue.
Legal authorities cited
Statutes
Case details
- Case number
- 3312324/2023
- Decision date
- 19 June 2025
- Hearing type
- costs
- Hearing days
- 4
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No