Claimant v Abbey Total Care Group Limited
Outcome
Individual claims
The tribunal found the Respondent directly discriminated against the Claimant because of race by failing to return his telephone call in late April or early May 2023.
The tribunal found the Respondent directly discriminated against the Claimant because of race by withdrawing an offer of employment as a Support Manager on 11 May 2023.
The Claimant brought further claims of direct discrimination under Section 13 which were not upheld by the tribunal and were dismissed.
The Claimant's harassment claim under Section 26 of the Equality Act 2010 was not upheld by the tribunal and was dismissed.
Facts
The Claimant, Mrs Balo, was offered employment as a Support Manager with the Respondent care company. In late April or early May 2023, the Respondent failed to return a telephone call from the Claimant. On 11 May 2023, the Respondent withdrew the offer of employment. The Claimant brought claims of race discrimination including direct discrimination and harassment.
Decision
The tribunal found that the Respondent directly discriminated against the Claimant because of race by failing to return the telephone call and by withdrawing the job offer. However, the tribunal dismissed the Claimant's further direct discrimination claims and the harassment claim. Compensation was agreed between the parties at £15,000.
Practical note
Employers can be liable for race discrimination at the pre-employment stage, including withdrawing job offers, even when the applicant never commenced employment.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3201314/2023
- Decision date
- 27 January 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Support Manager
Claimant representation
- Represented
- No