Ms Y Zalzala v Fallowfield Library & Community Resource Centre and 2 others — 2023

This judgment determined strike-out applications by the second and third respondents at a preliminary hearing. The tribunal recorded that the claimant withdrew her age discrimination claims against all three respondents, and those claims were dismissed on withdrawal.

The tribunal struck out the unfair dismissal claims against the second and third respondents under Rule 37(1)(a) on the basis that they had no reasonable prospect of success. The judge held that, even taking the claimant's case at its highest, there was no reasonable prospect of establishing that those claims had been presented within a reasonable further period after it became reasonably practicable to do so, given that the claimant had been able to present a claim against the first respondent on 31 August 2022 but did not present the unfair dismissal claims against the second and third respondents until 21 October 2022.

The tribunal also struck out, against the second respondent only, a direct religion or belief discrimination allegation and a religion or belief harassment allegation arising from something said by Sue on 17 October 2019. The judge held there was no reasonable prospect of showing that the second respondent was vicariously liable for conduct alleged to have been committed by a person said to be employed by the third respondent. The tribunal did not strike out the claimant's other claims against the second and third respondents, finding that issues of status, interrelationship between the respondents, possible vicarious liability, disability, and religion or belief required evidence and were not so hopeless as to justify strike out.