An employment tribunal has ruled that a black scholar who was refused an interview at the University of Cambridge for a senior position lost his claim of race discrimination.
Calbert Graham of Afro-Caribbean descent applied for the role of assistant professor at a time in 2022 when his job was under threat of being redundancy.
He was a senior researcher in the Department of Theoretical and Applied Linguistics of the university at that time.
The tribunal heard that the job advertisement for Assistant Professor in Second Language Education at the Faculty of Education didn’t clearly define essential criteria but wanted to “attract as many applicants as possible”.
In his application he stated that he was “affected personally by Windrush”, the scandal that broke out in 2017 when hundreds of Commonwealth citizens who did not possess the proper documentation to prove that they were entitled to remain in Britain, were wrongfully detained or expelled.
He mentioned that his work was formally acknowledged during the Black History Month celebrations in 2018. He said that both aspects of his resume should have made it clear to the hiring committee that he is black.
He accused the panel for racial discrimination after he was not selected to interview.
The tribunal determined that he didn’t meet the criteria of “a scholar with some distinction” in order to be asked to interview.
The panel concluded that, despite some inconsistencies between the job advertisement, the information given to candidates, and the final selection criteria, they were satisfied with the scoring system used by the panel and the feedback provided to Graham who did not meet certain criteria.
The role of assistant professor of second language education had 53 applicants. Graham told the court he wasn’t “at all concerned about meeting the basic requirement of the job”, because “exactly what I have been doing for the past 13 years”.
The panel felt, however, that his expertise in applied linguistics is closely related to the field of second language education. However, they were looking for experts in this area.
Graham said that he exchanged an email with his colleague, Professor Linda Fisher who was part of the selection panel. He claimed that the photo on his email account was a clear indication that he is black.
The application showed that he also obtained his undergraduate degree from the University of the West Indies.
In judgement, judge Tynan stated that although there were “undoubtedly indications” that Graham was a black, the hiring panel could not be sure. All four members of this panel were trained in unconscious bias, equality and diversity.
Judge Tynan said: “We believe it is highly unwise to make assumptions about someone’s race based on the University that they attended when they were undergraduates. This would mean that we wouldn’t be taking into account the racial diversity of academic institutions, and also the countries and regions where they recruit their students.
“As for Dr Graham’s mention of Black History Month, it is clear that the study and research of issues of race and ethnic identity are not exclusive to those who are Black, of Colour or may otherwise identify themselves as BAME.
He said that people who are personally affected by Windrush may also be affected through their partner, family or other close relationships with those directly affected.
He concluded, “We are satisfied with the fact that shortlisting involved four independent academics who were familiar and comfortable with group decision-making structures and practices.”
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