Case 2210867/2023 · Employment Tribunal

Mr Michael Dhliwayo of MLS Legal For the v Respondent — 2024

Case reference: 2210867/2023
Decision date: 18 June 2024
Jurisdiction: England & Wales
Judge: Employment Judge Representation For

Indexed: 18 May 2026

Parties

1 named

Claimant

Mr Michael Dhliwayo of MLS Legal For the

Respondent

Key findings

Tribunal's reasoning

This was a preliminary hearing concerning the claimant's application to amend her claim and the respondents' strike out or deposit application. The tribunal refused the application to amend because the seven proposed claims were not pleaded in the originating claim form and the claimant had not provided a sufficient explanation for adding them at that stage.

The tribunal struck out the wrongful dismissal complaint, taking the available facts at their highest and noting the claimant's email accepting proposed arrangements for working, handover and annual leave after resignation. It also struck out the harassment related to religion allegations other than the two alleged statements about a statue of Ganesh and the claimant's God, finding that the other pleaded allegations did not disclose a discernible basis for a causal link with religion.

The judgment records that the claimant had previously withdrawn all race discrimination claims, which were dismissed upon withdrawal. The third respondent was removed as a party because none of the allegations proceeding to trial were against her.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Race discrimination	The judgment records that the claimant withdrew all race discrimination claims at a 15 February 2024 case management hearing and they were dismissed upon withdrawal.	Withdrawn	Race	—
Harassment	Complaints of harassment related to religion were struck out under Rule 37(1)(a), except for allegations about statements concerning a statue of Ganesh and the claimant's God, which were not struck out in this preliminary judgment.	Struck out	Religion or belief	—
Wrongful dismissal	The wrongful dismissal complaint was struck out under Rule 37(1)(a) because it had no reasonable prospects of success.	Struck out	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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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