In person For the v Mr Stephens - Counsel — 2023

The claimant presented a form ticking race discrimination but gave no particulars of discrimination. On 19 May 2023 Employment Judge Wright made an unless order stating that, because the claim had no reasonable prospect of success and contained no discernible reference to race discrimination beyond the ticked box, the claim would stand dismissed on 2 June 2023 unless the claimant explained in writing why it should not be dismissed.

At the hearing on 31 October 2023, the claimant said he had responded on 1 June 2023 and produced three documents, including a document titled "Grounds of Discrimination". The tribunal accepted on balance that the document had been sent, but found that most of its contents concerned matters outside the claim form, including the disciplinary process leading to the claimant's summary dismissal for gross misconduct.

The only passage the tribunal considered potentially relevant was a paragraph alleging that the respondent's investigation was unfair and biased because it failed to consider evidence and interview key witnesses. The tribunal held that this was not enough to show a reasonable prospect of success, and that it did not explain why the claim should not be struck out. The tribunal also said that it was not enough simply to complain about something and be a particular race, and that the claim form could not be treated as a way to "get the ball rolling" or expand the scope of the case after issue. The claim was therefore held to have been automatically struck out on 2 June 2023.