Mr B Belfedal v World of Books Group Limited — 2023

At a preliminary hearing on 28 March 2023 before Employment Judge Choudry sitting alone, the tribunal considered applications by both sides to strike out. The claimant alleged direct sex discrimination in relation to warehouse tasks at World of Books Limited, saying that only male workers were allocated Support Work and that women were allocated Scanning Work. The respondent denied that premise and relied on emails and witness evidence said to show that women did undertake Support Work.

Applying Rule 37 and the guidance in cases including Anyanwu and Mechkaroy, the tribunal held that the claim turned on a factual dispute that needed to be resolved at a final hearing and refused the respondent's strike-out application. It also refused the claimant's application to strike out the response, finding that the respondent's conduct in the proceedings was not scandalous, unreasonable or vexatious. The tribunal reminded both parties of the overriding objective and the need to cooperate.

The tribunal nevertheless concluded, under Rule 39, that the direct sex discrimination claim had little prospects of success on the way it had been framed and ordered the claimant to pay a deposit of £100 as a condition of continuing with the claim. In reaching that figure it said it had considered the claimant's means; the claimant had said he was self-employed, earned about £15,000 to £18,000 a year, sometimes did part-time work for extra money, and had no savings.