Joseph Johnson v KOKA Community Projects CIC and 1 other — 2024

At a preliminary hearing on 13 June 2024, Employment Judge Housego considered the respondents' application to strike out Joseph Johnson's claim. After the claimant said the judge was the judge who had heard an earlier PureGym case and then disconnected from the video hearing, the tribunal continued in his absence and heard evidence from William Judd as well as the parties' documents, including the earlier strike-out judgment in case 3200881/2023.

The tribunal found that the race discrimination allegation in this case was identical to the earlier claim that had already been struck out. No reason was given for issuing the same claim again. The judge held that the race claim was out of time, that it was not just and equitable to extend time, that bringing the same claim again was an abuse of process, and that it was vexatious and unreasonable within Rule 37. The judge also held that the race discrimination allegation had no reasonable prospect of success on the facts accepted in the earlier judgment.

The separate wages claim, described as a claim for wages between November 2022 and September 2023, was also struck out. The tribunal found that the arrangement between the parties had ended on 22 November 2022, that the wages claim was totally unparticularised, and that it had no reasonable prospect of success. The judge also said any earlier claim for money was long out of time and should have been brought, if at all, in the earlier proceedings.

The tribunal ordered the claimant to pay the respondents costs of £5,262.00. The schedule accepted by the tribunal comprised counsel's fees for drafting the resistance and hearing, plus preparation time, and the judge said the apportionment between the two respondents was a matter for them.