Kamran Yusuf v Derby City Council — 2021

This was an open preliminary hearing on the respondent's application to strike out, or alternatively seek deposit orders, in respect of the claimant's victimisation and constructive unfair dismissal claims. The tribunal found that the victimisation claim based on section 27 Equality Act 2010 had no reasonable prospect of success. The judge concluded that the initial safeguarding concerns about service user DA arose before the settlement of the claimant's earlier tribunal claim, and that the respondent was obliged to investigate those concerns and later related matters.

The tribunal considered the claimant's contention that complaints were solicited or escalated as part of victimisation following his earlier tribunal claim. It found, on the documentation before it, that the complaints and safeguarding issues did not support an inference of victimisation and that the suggestion of a wider conspiracy involving multiple staff members was fanciful. The tribunal also found that suspension and restrictions during the investigation were, on the face of the papers, supported by reasonable and proper cause in light of the safeguarding issues.

For constructive unfair dismissal, the tribunal struck out the elements relating to the period up to the end of 2018. It allowed the later elements to proceed, particularly issues about delay after the investigation interviews had ended and about the way the disciplinary hearing was to continue during the pandemic. The tribunal held that those later matters raised triable issues as to whether the respondent acted without reasonable and proper cause, and declined to order a deposit.