Mr. W. Saleh v Respondent — 2022

The claimant brought claims for unfair dismissal and discrimination because of race, religion and belief, and disability against New City College. The tribunal recorded that he had been employed by E J Interiors Ltd, then later by Horohoe Construction Ltd, and that he had never been employed by New City College. On that basis, the unfair dismissal claim had no reasonable prospect of success because the statutory right to claim unfair dismissal depends on employment by the respondent.

As to the Equality Act claims, the tribunal found that the matters complained of related to the training and education provided by New City College while the claimant was a student on an apprenticeship arrangement. It held that the employment tribunal had no jurisdiction to decide discrimination claims about that kind of further education provision against the college, and that those claims would have to be brought in the County Court. The discrimination claims for race, religion or belief, and disability were therefore struck out under rule 37 as having no reasonable prospect of success.

The tribunal noted the claimant's account that he was Muslim of Somali origin and suffered depression and anxiety, and that he believed he had been treated badly by college staff, including being told he was not good enough to pass a practical exam. It also noted the respondent's point that, even if jurisdiction existed, there were time limit issues and that any extension would be a matter of discretion, but it did not need to determine those issues because the jurisdiction point was decisive. The final order was dismissal of the unfair dismissal claim and strike-out of the discrimination claims for want of jurisdiction.