Mr Rodolfo Soares v National Counties Building Society — 2022

Mr Rodolfo Soares brought a single claim of direct race discrimination against National Counties Building Society arising from his non-appointment after interview for a SharePoint Developer role. He said the decision was linked to his race and that his accent was criticised; the respondent said he was not appointed because he answered in an abrupt, defensive and almost aggressive way and did not show the collaborative skills required.

The tribunal did not reach the merits. Instead, at the CVP hearing on 2 August 2023, Employment Judge Abbott struck out the claim under Rule 37(1)(b) because of the claimant’s conduct of the proceedings. The judgment records repeated abusive correspondence to the tribunal and the respondent, repeated accusations of racism, fraud and criminal conduct, refusal to engage with the strike-out application, and disruptive conduct at the hearing itself, including speaking over the judge, going off screen, and recording the hearing despite warnings not to do so.

The judge had already found that the claimant’s earlier correspondence was scandalous and unreasonable and had given him a final warning in May 2023, but the conduct continued. The tribunal held that the claimant had had a reasonable opportunity to make representations within Rule 37(2), both in writing and at the hearing, and that there was no realistic prospect of a fair and proportionate final hearing if the claim were allowed to continue. The claim was therefore struck out. The judgment also notes that a second claim presented by the claimant, case 2303198/2023, had not yet been accepted and was not determined in this decision.