Mr A Masood v Iceland Foods Limited and 12 others — 2020

This was a preliminary judgment on applications for strike out and deposit orders. The tribunal refused to strike out all harassment claims as a class, reasoning that the relationship required by section 26 Equality Act 2010 may differ from the section 13 direct discrimination test and that the allegations were generally fact-sensitive. It also refused to strike out all claims against individual respondents, noting that individual liability is provided for by section 110 Equality Act 2010 and that no evidence of an improper purpose had been shown.

The tribunal struck out the allegations that Ms Spiers harassed or treated the claimant less favourably because of race in relation to her involvement as note taker at the grievance hearing, and the allegation that Mr Edwards gave instructions to others to bully and harass the claimant. The tribunal found those allegations had no reasonable prospect of success.

For several other individual respondents, the tribunal held that the allegations were too fact-sensitive to strike out without oral evidence. It ordered deposit orders for allegations against Mr Arthurton, Ms Harkin, Ms Chambers and Ms Morris, finding that those allegations had little reasonable prospect of success, but it did not determine liability on those claims.