Claimant v HM Revenue & Customs
Outcome
Individual claims
The tribunal found that the decision made on 27 March 2023 not to allow the claimant to apply for an alternative role during a recruitment freeze, whereas a colleague was allowed to do so, was not an act of discrimination. The tribunal considered the circumstances and concluded there was no discriminatory treatment on grounds of race.
Facts
The claimant, Mr Chowdhury, was employed by HMRC. On 27 March 2023, during a recruitment freeze, he was not permitted to apply for an alternative role within the organisation. A colleague in comparable circumstances was allowed to apply. The claimant brought a claim of race discrimination, arguing this differential treatment was discriminatory. The claim was submitted outside the normal time limit.
Decision
The tribunal granted an extension of time on just and equitable grounds to allow the claim to be heard. However, after considering the evidence over three days, the tribunal unanimously found that the decision not to allow the claimant to apply for the role was not an act of race discrimination. The claim was therefore dismissed.
Practical note
A comparator being treated more favourably during a recruitment freeze does not automatically establish race discrimination without evidence of a causal link to the protected characteristic.
Case details
- Case number
- 2304651/2023
- Decision date
- 8 May 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No