Council lodges second challenge to decision by employment tribunal in race discrimination case

Leicester City Council has lodged a second challenge to a decision by the employment tribunal that it racially discriminated against a social worker.

Last month, the Employment Appeal Tribunal (EAT) dismissed the council's initial appeal and confirmed the tribunal’s decision that the council racially discriminated against Mrs Bindu Parmar, who had worked for the local authority for 30 years.

Mrs Parmar, a British national of Indian origin, claimed she was discriminated against after she was made the subject of a disciplinary investigation in January 2021.

Parmar was later dismissed from her role and she contacted UNISON's legal services to take action against the council.

An Employment tribunal in April 2023 found that the investigation into Mrs Parmar's conduct lacked substance and that there was "no other credible explanation" for her treatment other than racial discrimination.

Further, the tribunal found that, in a number of comparable situations, her line manager Ms Lake did not take disciplinary action against white staff.

It concluded: "When it came to assessing the merits of behaviour allegations against white employees such as HM, AE and JR, Ms Lake was slow to move to formal measures. In the case of the Claimant she moved fairly speedily to investigation and suspension for something which was either at the same or lower level of alleged misconduct. We are satisfied that race played a part in her decisions.”

Leicester City Council appealed the judgment on 11 grounds, which were rejected by His Honour Judge James Tayler last month.

In Leicester City Council v Mrs B Parmar, the judge concluded that the Employment Tribunal "did not err in law in holding that the burden of proof had shifted to the respondent to disprove discrimination and that it had failed to do so."

The council has now lodged a second challenge to the decision, which would be dealt with by the Court of Appeal.

UNISON head of legal Shantha David said: “Leicester City Council should accept the findings of the two tribunals and call it a day.

“Having twice failed to defend its racially discriminatory practices against a member of staff, the authority should now put all its efforts into reviewing its internal policies and procedures to ensure no one else has to endure what Mrs Parmar has just gone through.”

Leicester City Council has been approached for comment.

Lottie Winson