• Robert Spicer

Race discrimination: Nigerian national: employer’s failure to understand documentation

RACE DISCRIMINATION

Home Office checks of Nigerian employee

Case Olatinwo v Qualitycourse Ltd (2016) Eq Opp Rev 272:25, East London ET

Facts O, a man of Nigerian nationality, was employed by Q as a warehouse picker. A manager instigated a Home Office check on O, including whether he had a residence permit, based on incorrect information from O’s line manager and the employer’s compliance team. The Home Office was unable to confirm O’s status in the UK. O was told that he would have to leave his employment. He complained of race discrimination.

Decision 1. The complaint was dismissed.

  1. O had been treated less favourably not because he was a Nigerian national but because of the employer’s failure to understand his documents and to understand and apply the relevant guidance.

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