Race discrimination: black Muslim employee overlooked for promotion

RACE DISCRIMINATION

Black employee overlooked for promotion

Case Abubakar v Makro Self Service Wholesalers Ltd (2016) Eq Opp Rev 271:24, Watford ET

Facts A, a black Muslim man, applied for promotion to the role of butchery supervisor. He heard nothing following his application. Some months later a white man was appointed, who had no butchery experience and who left after a few weeks. The post was re-advertised and A applied again. He was unsuccessful. A white man was offered the post but did not accept it. Later, another white man was appointed butchery manager. A complained of direct race and religion or belief discrimination.

Decision 1. The complaint was upheld.

1. The tribunal took account of the store manager’s attitude to A, including comments about whether customers felt comfortable with the claimant and were able to understand his African accent.

2. The burden of proof had shifted to the employer, which had been unable to show that race played no part in the decision not to appoint A.