Mr F Ijelekhai v Compass Group UK & Ireland Limited UPON APPLICATION made by letter dated 4 June 2025 to reconsider the — 2025

This was a reconsideration decision dated 6 June 2025 on the claimant's application against the judgment of 28 May 2025, which had struck out claims for indirect race discrimination, redundancy pay, and unlawful deduction from wages. The tribunal considered the application under Rule 68 and referred to Outasight VB Ltd v Brown, Williams v Ferrosan Ltd, Sodexho Ltd v Gibbons, Trimble v Supertravel Ltd, Stonehill Furniture Ltd v Phillippo, and the overriding objective.

The reconsideration application was refused in relation to indirect race discrimination. The tribunal recorded that the claimant had not identified any provision, criterion or practice with the required group-based impact for a section 19 Equality Act 2010 claim, either in the further particulars or in oral submissions, and said the application largely repeated the same arguments made at the preliminary hearing. It found no procedural mishap, no overlooked matter, and no basis for reconsideration.

The application was also refused in relation to redundancy pay. The tribunal said the claim was speculative and unsupported by evidence, that there was no redundancy situation or closure of the workplace, and that there had been no dismissal by reason of redundancy because the claimant had resigned voluntarily. It therefore declined to revisit the original strike-out of that claim.

The application succeeded in part on the unlawful deduction from wages claim. The tribunal accepted that the claim had been pleaded from the outset and addressed in the respondent's response, and that there had been a full and fair opportunity for representations. It nonetheless accepted that the claimant's inability to give full particulars was materially caused by the absence of relevant payslips and pension records, described the claim as inherently document-based, and concluded that striking it out may have denied a fair opportunity to present the case. The original strike-out was set aside and the claim restored to the list, subject to the case management orders made at the 28 May 2025 hearing, including disclosure and exchange of witness statements.