Mr R Shergill v Davies Group Ltd — 2025

Mr Shergill worked for Davies Group Limited as a Customer Service Advisor from 6 March to 3 August 2023. At the preliminary hearing he had amended his case so that the live complaints were direct religious belief discrimination and religious belief related harassment arising from events around his grandmother's death, funeral arrangements, contact on the day of the funeral, how leave was recorded, a return-to-work meeting on 27 May 2023, and comments in a grievance outcome letter. He also told the tribunal he no longer wished to pursue race discrimination, and the tribunal recorded that complaint as dismissed upon withdrawal.

The unfair dismissal complaint was struck out under Rule 38(1)(a) because the claimant had been employed for less than two years and section 108 of the Employment Rights Act 1996 did not appear to be satisfied. The tribunal said the claimant had been given the chance to address that point but did not provide an acceptable reason why the claim should continue.

On the discrimination and harassment complaints, the tribunal applied the strike-out authorities it cited, including Anyanwu, Ezsias, Balls, Cox v Adecco and Malik, and approached the claimant's case at its highest. It accepted that there were significant concerns about the merits, but held that strike out was not appropriate because the key facts were disputed and no evidence had been heard. The respondent's application to strike out those complaints was refused, although the tribunal said they had little reasonable prospect of success and a separate deposit order was made.