Mr C Stewart v Concentrix CVG Intelligent Contact Limited — 2021

The respondent applied to strike out the claimant's race discrimination claim, or alternatively for a deposit order, arguing that the claim had no reasonable prospect of success or little reasonable prospect of success. The respondent relied on matters including the absence of a reference to race in the claim form, the security guard not being employed by the respondent, and limitation points.

The claimant clarified that his race discrimination complaint concerned allegations and disciplinary action arising from a security guard's complaint, the respondent's investigation and later final written warning, and his later dismissal in October 2020 because of his disciplinary record. He alleged less favourable treatment than white colleagues who had acted in the same way.

The tribunal referred to the fact-sensitive nature of discrimination claims and the need to hear evidence before drawing inferences. It found that the race discrimination claim could not be said to have no reasonable prospect of success or little prospect of success, and refused both applications.