Job offer withdrawn over redacted passport: race discrimination claim fails

What this case shows in practice

This case highlights the tension between an employee's data protection concerns and an employer's legal duty to verify the right to work. The applicant, of Afro-Caribbean heritage, provided a black-and-white photocopy of her British passport with parts redacted and a photo so blurred it was unrecognisable. She did this because of past data breaches, but the employer could not accept it as proof of right to work. The offer was withdrawn, and she was invited to reapply once she obtained a new passport.

The tribunal accepted that the applicant genuinely believed race was a factor, but found no evidence to support that. The employer's witness gave clear, consistent evidence that the decision was purely about documentation. The tribunal noted that the applicant had no comparator — no evidence that a white applicant would have been treated differently.

What the employer did right

The employer did not simply reject the applicant outright. It asked for a full birth certificate to try to resolve the issue, and only withdrew the offer when that too was unavailable. It also invited her to reapply later. This showed a willingness to accommodate, which helped demonstrate that race was not a factor.

Why this matters for similar claims

For anyone considering a discrimination claim, this case is a reminder that the burden of proof shifts to the employer only if the applicant first shows facts from which discrimination could be inferred. A feeling that something is 'mysterious' is not enough. The tribunal must consider whether, on the balance of probabilities, race played any part — and here it clearly did not.

Employers should also note that a consistent, documented process for right-to-work checks can help defend against discrimination claims. Offering alternatives and keeping clear records of decisions is key.