Mr M Sangare v Nomad Digital Limited — 2025

This was a preliminary hearing before Employment Judge Gowland on 13 March 2025 to determine the Respondent's applications under Rule 38 for strike out and, in the alternative, for a deposit order. The Claimant's complaint of constructive dismissal was struck out: the tribunal accepted that the claim was advanced as a standard constructive dismissal claim linked to the unilateral extension of his probationary period rather than as a dismissal under the Equality Act, and that the Claimant did not have the two years' qualifying service required to bring it.

On the discrimination, harassment and victimisation complaints (direct discrimination on grounds of sex and/or race, harassment on the same grounds, and victimisation under section 27 Equality Act 2010), the tribunal declined to strike out but found the Claimant had little reasonable prospect of success, noting that on the evidence available it was not yet clear whether the matters complained of were done in a way designed to discriminate, harass or victimise, and that the Claimant would need to establish the context of the comments and actions at a final hearing. A deposit of £160 was ordered in relation to each of those three areas, totalling £480.

The Respondent's deposit order application in relation to the breach of contract, unlawful deduction from wages and wrongful dismissal claims failed. The tribunal found there was a clear dispute as to the reason for, and the procedural propriety of, the probationary extensions, which required determination of witness and documentary evidence at a full hearing, so it could not be said those claims had little reasonable prospect of success.