Case 2409283/2023 · Employment Tribunal
Miss F E Ochea v Virgin Media Ltd HELD AT: Manchester — 2025
- Case reference
- 2409283/2023
- Decision date
- 5 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson REPRESENTATION
Parties
2 namedClaimant
Miss F E Ochea
Respondent
Key findings
Tribunal's reasoningAt a public preliminary hearing, the respondent applied to strike out all complaints or, alternatively, for deposit orders. The tribunal considered the claimant's written material and oral submissions, noting that the application was determined under the strike-out test and that factual disputes should generally be resolved at a final hearing.
The tribunal struck out specified direct sex discrimination and harassment complaints concerning the appointment and conduct of Mr Seaton during the appeal process. It found those complaints had no reasonable prospect of success, including because some allegations were inconsistent with the claimant's own documents, some were unsupported by identified facts, and one matter was not being pursued.
The tribunal also struck out the victimisation complaints, finding no factual basis for the alleged deception or conspiracy. Other complaints about questioning at the appeal hearing, requests for evidence, alleged amendments to notes, and failure to uphold the appeal were not struck out because the tribunal considered that factual disputes or uncertainty meant they should proceed.
Claims and outcomes
7 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 |
|---|---|---|---|---|
| Sex discrimination | Specified direct sex discrimination complaints concerning appointment of a male appeal manager, references to wife and daughter, the appeal note taker, alleged delay in arranging a female decision maker, and positive customer feedback were struck out under Rule 38(1)(a) as having no reasonable prospect of success. | Struck out | Sex | — |
| Harassment | The same specified matters were also pleaded as harassment related to sex and were struck out as having no reasonable prospect of success. | Struck out | Sex | — |
| Harassment | The same specified matters were also pleaded as harassment related to disability and were struck out as having no reasonable prospect of success. | Struck out | Disability | — |
| Victimisation | Two victimisation complaints, concerning alleged deception into taking part in a video hearing and an alleged conspiracy to dismiss the claimant under the pretext of breach of confidentiality, were struck out as having no reasonable prospect of success. | Struck out | — | — |
| Sex discrimination | Remaining direct sex discrimination complaints about questions and requests for evidence at the appeal hearing, alleged amendment of hearing notes, and failure to uphold the appeal were not struck out and were left to proceed. |
Legal tests applied
6 references- Employment Tribunal Rule 38(1)(a)
- Rule 3 overriding objective
- no reasonable prospect of success
- section 13 Equality Act 2010
- section 26 Equality Act 2010
- section 27 Equality Act 2010
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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