Claimant v Boehringer Ingelheim Limited

The Tribunal found the claimant was dismissed for gross misconduct (falsification of call reports and meetings), not race. The claimant did not establish facts from which the burden could shift. The respondent's witnesses were credible and gave non-discriminatory explanations for all decisions.

The Tribunal found no evidence that the claimant's Muslim faith or appearance influenced any treatment. The successful MSL candidate was also a practising Muslim. The claimant failed to prove less favourable treatment because of religion or that the burden of proof shifted.

The Tribunal found the claimant did not adduce facts from which discrimination could be inferred. All less favourable treatment allegations were explained by legitimate, non-discriminatory reasons including performance concerns, misconduct findings, and merit-based recruitment decisions.

The Tribunal found the claimant failed to show something more than the difference in treatment and protected characteristic. The successful candidate for one MSL role was also a practising Muslim. All treatment was explained by non-discriminatory reasons.