Corby vs ACAS
ACAS - Advisory, Conciliation and Arbitration Service
Overview
Sean Corby, works for ACAS as a conciliator. ACAS employees use Yammer to share ideas and communicate internally. Yammer has been described as the ‘Facebook of the corporate world … where friends are replaced with colleagues, ads are replaced with corporate reminders, and updates are related to events, questions, and problems colleagues are trying to solve.’
Corby added a number of posts to the platform about his views on race and racism. He also expressed his opposition to critical race theory (an academic concept which believes that racism is something that is embedded in legal systems and policies and is not just the product of individual bias or prejudice). Some colleagues objected to his posts because, they said, they promoted racist ideas and complained to their manager. ACAS dismissed their complaints but asked Mr Corby to delete his posts. In response, he brought a claim, arguing that Acas had discriminated against him because of his protected beliefs.
A preliminary hearing was held to determine if Corby's views were protected beliefs under s10(2) of the Equality Act 2010; did they meet the ‘Grainger’ test? There are five parts to that test: the belief has to be genuinely held, be more than just an opinion or viewpoint, concern a weighty and substantial aspect of human life and behaviour, have cogency and importance, and be worthy of respect in a democratic society.
The tribunal said that it had ‘no hesitation’ about finding that Mr Corby's beliefs were protected. His views were genuine and formed part of his identity and affected the way he lives his life. They were grounded in philosophical teachings aimed to eliminate racism in society.
Tribunal decision 4 October 2023
Status
A merits hearing took place at Leeds Employment Tribunal 16 - 19 April 2024. Judgment is reserved but is expected within 30 days.
UPDATE: 3rd June 2024: The unanimous decision reached was that the claim for victimisation was dismissed and the remaining claims were presented out of time. The claims for direct discrimination and harassment because of religion or belief were not well founded.
Live tweet threads
Tuesday 16 April 2024 - Morning Part One, procedural matters and application for anonymity for four staff members who complained about SC’s Yammer posts Morning Part Two, evidence from Dan Ellis, ACAS
Tuesday 16 April 2024 - Afternoon - evidence from Dan Ellis, Fiona Williams, Louise Lenton of ACAS
Wednesday 17 April 2024 - morning part one, morning part two, afternoon - completion of evidence from ACAS witnesses Louise Lenton and Julie Dennis.
Thursday 18 April 2024 - morning session; submissions.
Abbreviations
C/SC - Sean Corby, claimant
R/ACAS - Advisory, Conciliation and Arbitration Service
EJ - Employment judge Ms. Kirsty Ayre
Claimant’s counsel
PM - Paul Maynard of Gaby Hardwicke
JH - Jon Holbrook, barrister
FSU - Free Speech Union, C’s advisors
Respondent’s counsel
AT - Antoine Tinnion, barrister
MR Mills & Reeve, solicitors
Witnesses
DE - Dan Ellis, People Director ACAS
FW - Fiona Williams Director Yorkshire & the Humber
JD - Julie Dennis Head of Diversity & Inclusion
LL Louise Lenton Director East Midlands (lead grievance investigation)
Other Relevant Parties
4C - four complainants, employees of ACAS at the time: ZH - , Zita Holbourne, PL - Patrick Liburd, TM - Trevor Mendez and SA -Sara Anrude
DR - Debbie Riches Affinity, Assistant Secretary
ES - Emma Stopford Affinity
FA - Femi Akinsola HR Policy Adviser
HU - Henicka Uddin Area Director, London, and Race Champion
AF - Alison Forsdick Conciliation Manager, C’s Line Manager
HW - Hector Wesley PCS Representative
JJ - John Jeffers C’s previous line manager
JK - John Kelly Senior Adviser/Collective Conciliator
JW Jennifer Williams Senior Diversity & Inclusion Business Partner, later HR Adviser
MB Mark Brown General Secretary, Affinity
MF Mike Fenn Area Director, South West
MG Marina Glasgow Deputy Chief Conciliator
PB Paul Byford HR Adviser
PC Paul Cook Head of Employee Relations
RJ Robert Johnson Director Wales & West Midlands