Miss S Shala v Aldi StoresLtd. — 2023

At the hearing on 26 April 2023 at the East London Hearing Centre, Employment Judge B Beyzade struck out the claimant's complaint of discrimination because of religion or belief under Rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The tribunal recorded that this complaint had no reasonable prospect of success.

The respondent's application dated 18 April 2023 to strike out the claimant's claims for non-compliance with tribunal orders, and on the basis that some claims had no reasonable prospect of success because of jurisdictional issues, was not granted. The judgment states that any jurisdictional issues in relation to the claimant's discrimination claims would be investigated and determined at the final hearing.

The claimant's application to amend her claims to include the claims set out in her amended Particulars of Claim of 09 June 2022 was refused, save that permission was given to amend to include a claim of direct race discrimination concerning the claimant's contention that she was suspended because of her race. The claimant's separate application to amend by reference to acts 2 and 4 of her Further Particulars of Claim of 14 March 2023 was also refused. No final remedy was awarded in this decision, and the tribunal noted that case management orders for the final hearing were issued separately.