Case 2402571/2022 · Employment Tribunal
Ms K Bibi-Sobur v The Harmony Trust — 2023
- Case reference
- 2402571/2022
- Decision date
- 10 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
Parties
2 namedClaimant
Ms K Bibi-Sobur
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing on 5 January 2023, Employment Judge Howard struck out the claimant's race discrimination claims, the disability discrimination claims other than the reasonable-adjustments issue linked to the capability hearing on 4 November 2021, and the claims for detriment and dismissal by reason of making a protected disclosure. The tribunal recorded that those claims had no reasonable prospects of succeeding.
The tribunal refused the respondent's application to strike out, or alternatively to seek a deposit order in relation to, the claim that reasonable adjustments were not made for the capability hearing on 4 November 2021. That disability discrimination issue was allowed to proceed, together with the claimant's unfair dismissal claim under ss.94 and 98 Employment Rights Act 1996. No monetary remedy was determined in this judgment.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Struck out at the preliminary hearing as having no reasonable prospects of succeeding. | Struck out | Race | — |
| Disability discrimination | The disability discrimination claims under ss.20 and 21 Equality Act 2010 were struck out, except for the separate reasonable-adjustments issue linked to the capability hearing on 4 November 2021. | Struck out | Disability | — |
| Disability discrimination | Application to strike out or for a deposit order was refused for the claim of failure to make reasonable adjustments in relation to the capability hearing on 4 November 2021; that claim was directed to proceed. | Other | Disability | — |
| Whistleblowing | The claims for detriment and dismissal by reason of making a protected disclosure were struck out as having no reasonable prospects of succeeding. | Struck out | — | — |
| Unfair dismissal | The unfair dismissal claim under ss.94 and 98 Employment Rights Act 1996 was allowed to proceed as directed; no merits finding or remedy was recorded. | Other | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe 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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