Claimant withdraws discrimination claim against council and former chief executive

Ben Rose, a partner and founder of commercial property firm Rose Realty, launched the legal challenge, arguing 'discrimination on racial grounds' under the Equality Act 2010.

His claim was based on an email he received from Mark Powell, a partner at a property investment agency, alleging that an antisemitic remark had been made in reference to Rose.

Powell gave evidence at Manchester County Court last week (20 October) during the hearing of Rose's claim.

But when questioned in court on whether the term he wrote in the email were the actual words he recollected the officer saying, Powell replied “no”, according to a report from the Manchester Evening News.

Rose later discontinued his claim, resulting in His Honour Judge Khan ordering that he pay the defendants' costs of the proceedings in the sum of £95,000.

The order, issued on 22 October, read: "UPON it being recorded that following the conclusion of the evidence of the Claimant and one of his witnesses Mark Powell, the Claimant informed the Defendants that he proposed discontinuing his claim."

A Manchester City Council spokesperson said there "was not a shred of evidence that the alleged offensive remark was ever made".

It added: "Our position has been completely vindicated. We remain implacably opposed to antisemitism and all other forms of hatred and discrimination." 

Joanne Roney, who is now the managing director at Birmingham City Council, said: "Everyone who knows me personally and professionally would know I would never say such a slur, and I am pleased I am now vindicated. There was no evidence because I didn't say it and would never say it.

"To have this allegation repeated widely over three years has been very distressing, not least to the many Jewish colleagues and communities I have worked with for many years.

"I am pleased this matter is now closed. And I thank everyone for their support."

Commenting on the withdrawal of his discrimination claim, Ben Rose said: "I am extremely disappointed about the outcome of the case, which was brought in good faith based on Mark Powell’s email to me of 15 June 2022."

"I understood [Powell’s email] to mean that the person from the council Mr Powell had met had referred to me in those insulting and antisemitic terms."

Mark Powell has been approached for comment.

Adam Carey