NO EXCUSE FOR BIAS
No Excuse for Bias – Council Loses Final Appeal
Mrs Parmar, a British national of Indian origin, was a senior social worker with over 30 years of experience. In 2021, Mrs Parmar had faced a disciplinary investigation with vague allegations. She claimed that her treatment differed from that of white colleagues in similar situations as she was temporarily removed from her role as Head of Service. No other Head of Service was suspended, and the allegations lacked specific details.
Key Issues
The disciplinary process was initiated by Ms Lake, Director of Adult Social Care, following strained relations between teams.
Mrs Parmar had previously raised concerns about unconscious bias and communication tone.
The Council failed to provide clear allegations or disclose key evidence, including interview notes and recordings.
Findings
The Employment Tribunal found that the disciplinary action and suspension amounted to less favourable treatment.
Evidence showed that only BAME employees had been disciplined by Ms Lake, with white comparators treated more leniently.
The Tribunal concluded that race played a part in the decision-making, and the Council failed to offer a credible non-discriminatory explanation.
Appeals
The Employment Appeal Tribunal dismissed the Council’s appeal, citing disparity in treatment and inadequate reasoning.
The Court of Appeal confirmed the Tribunal’s approach to comparators and upheld the inference of discrimination.
Practical Takeaways for Employers
Details of allegations must be provided, including dates, conduct, people involved, and specific standards allegedly breached. The Council faced criticism for not providing specifics to Mrs Parmar.
Ensure consistent treatment across all employees.
Retain and disclose all relevant evidence.
Ensure that managers are trained on discrimination law and, although it is out of favour in some quarters, unconscious bias.
Contact our team today if you require any support with discrimination training.
