Council issues public apology after racial discrimination tribunal

Birmingham City Council has formally apologised to a former senior service manager after an employment tribunal found that he had been subject to racial discrimination.

Mazar Dad, who worked for the council for 35 years, won his case against the council last August. He was suspended from his role at Redfern Waste Management Depot after a grievance was raised against him, regarding his role in disciplining an employee.

Workers at the Tyseley depot had been instructed to sign when they obtained PPE, but some staff refused to do so. This led to management conversations, with one employee being moved to another depot whilst under investigation for his failure to adhere to instructions.

Dad, alongside two other Redfern managers, had the backing of council bosses when disciplining the worker, but when the incident fueled a union-led protest, Dad was accused of “interfering with an ongoing investigation” and suspended.

With no faith in the council, Dad ultimately brought about an employment tribunal that found that he had been discriminated against based on his race.

The tribunal found that Dad was treated more harshly than his white counterparts.

It also found the investigation into the three managers was to enable Birmingham City Council’s more senior managers to provide a pretext for reversing the action taken against the employee originally complained about, and to satisfy Unite representatives at Redfern, therefore reducing the risk of industrial action.

Judge Maxwell said Dad and each of his witnesses gave “clear and credible evidence” but was “very much less impressed by the evidence given” on the Birmingham City Council’s behalf.

Each manager had chosen to leave the function, the depot or the council’s employment entirely, as a result of feeling targeted, undermined or unsafe.

Graeme Betts, the Council’s Acting Chief Executive, said: “It has been deeply concerning to read the case of Mazar Dad, who won his Employment Tribunal claim against the Council, which found that he was discriminated against on the basis of his race. I want to acknowledge and support the strength of feeling on this issue. Discrimination in all its forms is completely unacceptable.

“On behalf of the Council, I apologise to Mazar for his treatment. I also want to acknowledge that Mazar was a loyal and committed employee. We publicly apologise to Mazar and confirm that we have agreed to make a payment to compensate him for the discrimination he has suffered. The Council has rescinded the disciplinary warning issued to him.

“As a Council, we are committed to the elimination of all forms of discrimination as well as raising awareness and providing an environment where people can talk about their experiences. This will be a key priority for a wide range of actions across the Council through the continued Equity, Diversity and Inclusion work that builds upon our Everyone’s Battle Everyone’s Business initiative.

“We are determined to improve equality and equity within our workforce, including a review of the handling of complaints and disciplinary cases with an equality focus, and a review of all suspension cases and time frames, with a particular focus on the health and well-being of individuals.”