Miss A Ryan v Ceredigion County Council: 1601185/2017

EMPLOYMENT TRIBUNALS

Case No 1601185/2017

Between

Miss A RyanClaimant

Ceredigion County CouncilRespondent

Before

Employment Judge T Vincent Ryan

In person for claimant

Mr. M. Salter (instructed by Counsel) for respondent

Date 14 September 2018

JUDGMENT

[1]The respondent did not breach a contract with the claimant when it withdrew a conditional offer of employment as a Contact Centre Advisor (made orally on 22nd or 23rd August 2018 and confirmed in writing on 24th August 2017) (“the conditional offer of appointment”) upon receipt of an unsatisfactory reference from the claimant’s “previous employer”.

[2]The respondent did not treat the claimant less favourably than it treated or would treat a hypothetical comparator because of a protected characteristic; specifically, the respondent did not perceive that the claimant was English and it did not discriminate against her because of the protected characteristic of race when it withdrew the conditional offer of appointment. The conditional offer of appointment was withdrawn because the respondent had received an unsatisfactory reference from the claimant’s “previous employer”

[3]The claimant’s claims that the respondent breached a contract with her, and that it directly discriminated against her contrary to sections 39 and 13 Equality Act 2010 are not well-founded, fail and are dismissed.