A recent employment law case  (London Ambulance Service NHS Trust v Sodola) highlights that not all workplace delays or poor treatment amount to racial discrimination.

Sodola, a black African employee of the London Ambulance Service NHS Trust, applied for a team manager role for the fourth time but was unsuccessful.  He was told verbally that he was a strong candidate, but four white candidates were more qualified.  He requested written feedback on his interview but only received it two months later, and it was brief and uninformative.

Sodola claimed that the delay in providing feedback was racial discrimination.  The original employment tribunal agreed, pointing to factors like the lack of detailed feedback, his repeated complaints about career progression for BAME staff, and the way the interview chair (who was also black) deferred providing feedback to a white colleague.  The tribunal said these points were enough to suggest a “prima facie” case of race discrimination and it was now for the Trust to provide a non-discriminatory explanation for its actions.

When the Trust appealed, the Employment Appeal Tribunal (EAT) overturned the finding of race discrimination. While poor feedback and delays might feel unfair and could potentially support a claim of victimisation, they do not automatically prove discrimination on the grounds of race. The EAT emphasised that an employment tribunal must carefully distinguish between factors that show unfair treatment in general and factors that actually indicate racial bias.

The key takeaway for employees and employers is that delays or inadequate feedback are not necessarily discriminatory on their own.   Any claim of race discrimination must show a direct link between the treatment and the employee’s race, not just general unfairness.

For more advice, please contact our Employment Team.