Bradford Council worker was not 'forced out' by racial discrimination, judge rules

Shaqib Juneja, who worked as an Education Safeguarding Officer until he resigned in April 2021, took legal action against the council and his discrimination claim was examined at a Employment Tribunal hearing in December.

During the nine-day hearing, Mr Juneja claimed he was “forced out” by discrimination, after his managers had humiliated him, undermined him and refused a number of reasonable requests.

In his ruling, Employment Judge James judge accepted that Mr Juneja felt aggrieved following 18 separate incidents at work, but said his treatment “had nothing to do” with his race.

“The claimant was not treated less favourably than any named comparator, or any hypothetical comparator,” he said.

“The tribunal has concluded that none of the alleged acts of discrimination or victimisation have succeeded.”

During one incident, a manager who oversaw 50 employees said she did not want to discuss cases with him. The tribunal found she “did not have the time” as she was “extremely busy” and there “was not any animosity towards him”.

Mr Juneja also told council leaders that white colleagues in the Education Safeguarding Department were receiving “favourable treatment” and people from ethnic minorities were often overlooked when senior positions became available.

He said that when he was part of an interview panel in December 2020, he heard colleagues “trash-talked” two Asian applicants and they “colluded” to ensure a white woman achieved the highest score and got the job.

In his ruling, the judge said the tribunal found “the negative comments were not made” and there was no evidence of collusion or racial bias.

Mr Juneja also claimed that when his parents fell ill in April 2021, he was refused compassionate leave and told he could not work from London for an extended period to be near them.

His manager said she advised him to take annual leave, as compassionate leave should only be used after a bereavement, and he could not move to London as he may need to visit schools in Bradford for work.

In his ruling, the judge said the incident which caused “the most pause for thought” was when Mr Juneja was told by his manager that if he attended an event at Keighley Mosque he should do so in a personal capacity and not as a representative of the council.

The event was held in December 2019, to discuss demonstrations Muslim parents had staged in Birmingham to protest against children being taught about relationships and sexual education in schools.

The judge accepted it was “a highly sensitive issue for the council“ and all employees were being urged to remain “consistent” and explain that schools in Bradford have to teach the national curriculum.

He said: “The tribunal thinks that there may have been a connection between the conversation and the claimant’s religious belief; but concludes that it was not because of his race.”

Judge James also stated it is “of some concern” that a grievance filed by Mr Juneja was not investigated by the council and this “reinforced his view that he was being treated in a discriminatory and unlawful fashion”.