Mr B Adenaike v Ministry of Justice — 2019

At the preliminary hearing, the claimant confirmed that he no longer pursued his unfair dismissal complaint. The tribunal explored this with him and noted that the withdrawal was consistent with the list of issues he had produced for the hearing, so the unfair dismissal complaint was dismissed on withdrawal.

The tribunal identified the remaining discrimination claims as race and disability discrimination. The race discrimination claim was narrowed to an allegation that, after an altercation between the claimant and Mr Matthew Chandler, Mr Nuna gave attention only to certain white alleged witnesses and ignored what was said by Manager Joy Atotileto. The claimant explained that a further alleged incident involving a threat was not put as race discrimination.

The disability discrimination complaint was struck out. The tribunal found the pleaded disability complaint extremely vague, and the claimant said at the hearing that the disadvantage he relied on was instead a failure to cross-train him. The tribunal considered that this was not part of the pleaded claim, was highly speculative and inconsistent with documents and the existing pleaded case, and that there was no amendment application before it.