Claimant v Mitie Limited
Outcome
Individual claims
The tribunal found that the Respondents did not subject the Claimant to direct race discrimination when he was not given the permanent post as Night Security Officer at Albany House following an interview on 15 November 2022. The tribunal determined that race was not a factor in the decision not to offer the Claimant the position.
Facts
The Claimant applied for a permanent position as Night Security Officer at Albany House with the First Respondent, Mitie Limited. He attended an interview on 15 November 2022 but was not offered the position. The Claimant, who is of a particular racial background, brought a claim alleging that the decision not to give him the permanent post was due to direct race discrimination by the Respondents.
Decision
The tribunal dismissed the Claimant's claim of direct race discrimination. Employment Judge Brown found that the Respondents did not discriminate against the Claimant on grounds of race when they decided not to offer him the permanent position following the interview. The tribunal was not satisfied that race was a factor in the recruitment decision.
Practical note
A claimant alleging race discrimination in recruitment must provide sufficient evidence to shift the burden of proof, and tribunals will carefully examine whether race was a material factor in the decision-making process.
Legal authorities cited
Statutes
Case details
- Case number
- 2206144/2023
- Decision date
- 22 May 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Night Security Officer
Claimant representation
- Represented
- No