Indian Lecturer Wins Race Discrimination Case Against UK University

An Indian lecturer has won a race discrimination case against the University of Portsmouth after an employment tribunal ruled that she was discriminated against when overlooked for a role as a "visible" member of the university's ethnic minority staff.

Dr Kajal Sharma, who was appointed to a five-year fixed term secondment as Associate Head for Organisational Studies and Human Resources Management at the university starting January 2016, had the option to reapply to the post.

However, when she was overlooked for that position, she complained under the university's grievance procedure in November 2020 that she had been discriminated against under the UK's Equality Act 2010.

"The claimant [Sharma] was a visible member of the black and minority ethnic [BAME] staff. She speaks with a marked Indian accent," notes the Employment Tribunal judgment dated November 29.

"The fact that the claimant was not successful in applying for the job she had been doing for five years, meant that a hundred per cent of the black and minority ethnic staff reapplying for their jobs had not been recruited, whereas 11/12 of white staff applying for their jobs had been recruited," it notes, dubbing the recruitment decision "statistically significant".

The hearing in the case, which took place in Southampton in October, was also told about a series of related issues involving Sharma's treatment during bereavement following the death of her father in India.

Her husband gave evidence to confirm that her line manager asked his wife to complete various tasks when informed about urgent travel plans to India.

"Her [Sharma] version of the events and her memories of them as she described them to us were convincing, understandable and appear to be supported by the documentary evidence we have before us as well as by her Husband's evidence," the judgment notes.

The lecturer told the tribunal she and her manager had a "difficult relationship" and that she considered that he had treated her less favourably than the white candidate, both in the application process, but also that he had treated her less favourably than he had treated or would have treated other white employees over the last five years, on grounds of her colour and diverse background.

"We are not able to determine what would have happened if Professor Rees [manager] had not been involved in the recruitment process, and if the process had not been tainted with race discrimination," the tribunal concludes.

The University of Portsmouth said it recognised the "strength" of the ruling of the Employment Tribunal in the case and expects every member of its community to uphold the university's values, without exception.

"There are no excuses for race discrimination at the University of Portsmouth," said a university spokesperson.

"We will do everything possible to support our colleagues to build an inclusive and diverse community that promotes the dignity and respect of all. The university is examining the ruling carefully and cannot comment further while the legal case continues," the spokesperson said.

The compensation related to the tribunal findings remain yet to be finalised.

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