At the Tribunal | |
Before
HIS HONOUR JUDGE ANSELL
MR J MALLENDER
MS B SWITZER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
APPEARANCES
For the Appellant | MISS JUSTINE HOW (Of Counsel) Instructed by: Adecco UK Limited Adecco House Elstree Way Borehamwood Herts WD6 1HY |
For the Respondent | MR IAN DUNCAN Solicitor Messrs Mackintosh Duncan 103 Borough High Street London SE1 1NL |
RACE DISCRIMINATION
Burden of Proof
Other Losses
Tribunal failed to make key finding to discrimination case as to whether at the time of the interview the position was still vacant – conflicting findings within the decision remedies decision failed to assess the loss of a chance.
HIS HONOUR JUDGE ANSELL
"…She says (referring to Ms Ali) that although she lacked administration experience she asked for her name to be put forward to test the reaction of Citigroup and it was only at this stage that she was informed by Ms Cunningham that the post had been filled."
As we have indicated the Tribunal in paragraph 3.1.3 indicated that they preferred that version of events and the Claimant's belief was that she had been discriminated because it was only when Ms Cunningham saw her and became aware of her race/ethnicity and her headscarf that she was not put forward.
"…Although there is evidence that the Respondent, through Mrs Thompson, was aware the post was filled by 10.53am (and we stress the use of the word the post) and that Ms Cunningham became aware of this fact within about an hour, the reaction of Ms Cunningham in not contacting the Claimant and asking whether she still wished to attend interview that afternoon is surprising and calls for an explanation from the Respondent."
"…there is no confirmatory evidence from Citigroup, which could so easily have been obtained, dealing with the chronology of the post sought by the Claimant, that it was suspended for a time; that the specification changed, or that it was filled internally within their organisation."
In addition Mr Duncan points to two further matters one of which is that Ms Ali was not contacted before the interview to tell her that the position had been filled and the second one was the finding by the Tribunal that she was not told about the position being filled until the very end of the interview once as the Tribunal found she had pressed Ms Cunningham to be put forward for the position. Finally he reminded us of as it were the third strand of the strange behaviour that the Tribunal found which was Ms Cunningham's failure to enquire after the interview and to contact Ms Ali about any further appointments.