Case 1302864/2022 · Employment Tribunal
MS. HAS NAZIR v The Commissioners for His Majesty’s Revenue & Customs — 2023
- Case reference
- 1302864/2022
- Decision date
- 17 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge N. Clarke Appearances
- Venue
- By CVP
Parties
2 namedClaimant
MS. HAS NAZIR
Key findings
Tribunal's reasoningThis was a preliminary hearing to consider disability status and consequential issues, amendment applications, strike out, deposit orders and further case management. The tribunal treated the Claimant's email of 14 June 2022 as part of the original pleading where appropriate and considered whether later allegations required permission to amend.
The tribunal made deposit orders of £250 each for three harassment related to age allegations concerning LI, EP and NA. It held that, although those claims did not have no reasonable prospect of success, they faced significant difficulties, including the distinction between age and maturity and the need to establish a link with age.
The tribunal allowed the harassment related to disability claim about the occupational health report to proceed, allowed the indirect race discrimination claim about hotel breakfast arrangements to proceed, and allowed part of the discrimination arising from disability amendment relating to three 2022 matters. It refused or dismissed the remaining amendments and struck out older or weak allegations, including the direct race discrimination taxi allegation, two age harassment allegations from 2019 and 2020, and direct disability discrimination allegations relying on stress.
Claims and outcomes
12 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Allegation A was permitted to proceed only if the Claimant paid a £250 deposit; the tribunal found it had little reasonable prospect of success but did not strike it out at this hearing. | Other | Age | — |
| Harassment | Allegation B was allowed as an amendment but made subject to a £250 deposit order because the tribunal found it had little reasonable prospect of success. | Other | Age | — |
| Harassment | Allegation C, concerning an occupational health report and workplace adjustment discussion, was allowed to proceed; strike out or deposit order was refused. | Other | Disability | — |
| Race discrimination | Allegation D, direct race discrimination concerning use of the Claimant's former name, was refused as an amendment and dismissed. | Dismissed | Race | — |
| Race discrimination | Allegation E, indirect race discrimination concerning hotel bookings with bed and breakfast, was allowed to proceed; strike out or deposit order was refused. | Other | Race | — |
| Harassment | Allegation F was permitted to proceed only if the Claimant paid a £250 deposit; the tribunal found it had little reasonable prospect of success. |
Legal tests applied
14 references- Vaughan v Modality Partnership [2021] ICR 535
- balance of injustice and hardship
- Selkent Bus Co Ltd v Moore [1996] ICR 836
- Rule 37 no reasonable prospect of success
- Mbuisa v Cygnet Healthcare Ltd ETA 0119/18
- Cox v Adecco [2021] ICR 1307
- Anyanwu v South Bank Student Union [2001] ICR 391
- Rule 39 little reasonable prospect of success
- Hemdan v Ishmail [2017] ICR 486
- s26 EqA 2010
- s13 EqA
- s19 EqA
- s15 EqA
- section 123 EqA
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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