Ms M Duodu v Mitie Limited — 2023

The hearing concerned clarification of issues, case management, and the respondent's application for strike out. The claimant did not attend, and the tribunal decided it was in the interests of justice to proceed in her absence, noting previous non-attendance, non-compliance with an order to provide further information, and the risk of further delay and expense.

The tribunal struck out the age, race and sex discrimination claims as having no reasonable prospect of success. It found that the age and race claims were generalised assertions without identification of less favourable treatment, a provision criterion or practice, or harassment. For sex discrimination, the tribunal noted one reference to removal from a store and replacement by men, but found the pleaded case sparse and not clarified despite orders.

The tribunal did not strike out the disability discrimination claims. It found that the pleadings disclosed arguable matters concerning use of a handheld device in light of a hand condition, attendance at redundancy consultation meetings at particular times and locations, and possible unfavourable treatment linked to pay while shielding. The tribunal also refused to strike out the annual leave and money claims because doing so would require the kind of mini-trial cautioned against in strike out authorities.