Mr W Russell v UK Direct Business Solutions Ltd — 2024

The claimant had worked for the respondent as a Business Development Executive from 1 June or 1 July 2021 until his summary dismissal on 6 April 2023. At this preliminary hearing the tribunal considered the respondent's strike-out application under rule 38(1)(a) and took the claimant's case at its highest, including his assertions that he had relied on WhatsApp material and other evidence said to show discriminatory treatment in team meetings.

On the sexual orientation discrimination complaint, the tribunal identified five alleged less favourable treatments. It struck out LFT3, the allegation that the respondent required identification for a data subject access request, because the claimant had no evidence connecting the Data Protection Officer's conduct to sexual orientation and no sufficient "something more" beyond the difference in treatment and protected characteristic. The tribunal did not strike out LFT1, LFT2, LFT4 or LFT5, because if the claimant could prove the team-meeting behaviour he alleged, those allegations might still support an inference of discrimination at a final hearing.

On the unlawful deduction from wages complaint, the claimant said the respondent had withheld legacy commission and commission totalling about £15,000. The tribunal considered the employment contract, Commission Plan and Commission Letter, together with the earlier reserved judgment in Spence, which construed identical wording. It held that the relevant provisions gave the respondent an absolute discretion over commission and that, on the claimant's own case, the caveats said to trigger legacy commission had not yet been satisfied. The tribunal therefore found that the commission claim had no reasonable prospect of success and struck it out. No monetary remedy was awarded in this judgment.