D A Mudannayaka v Tesco Stores Ltd and 1 other — 2024

The hearing was a public preliminary hearing to consider the respondents' application to strike out the remaining claims. The tribunal recorded that the claimant had failed to comply with orders requiring a schedule of loss, further and better particulars, and information about disability, although he had recently provided GP notes. The tribunal sought to clarify the basis of the claims at the hearing.

The unfair dismissal and notice pay claims had previously been dismissed upon withdrawal after the claimant was reinstated and paid for the period between dismissal and reinstatement. The tribunal found that the race discrimination claim had no reasonable prospect of success because the claimant's case was not coherent and he could not identify a comparator or a basis from which race discrimination could be inferred.

The tribunal found that the health and safety matters described were generalised complaints outside the Tribunal's jurisdiction and not linked to any detriment for raising a complaint. The disability discrimination claims also had no reasonable prospect of success: the physical disability case was not pleaded and would require amendment; the mental health case was framed as resulting from the management action complained of; the requested adjustments were not adjustments to cope with mental health problems at work; and the section 15 Equality Act 2010 allegation was not connected to mental health. A possible disability harassment allegation concerning the length of a disciplinary hearing was also struck out because the necessary precursor matters had no reasonable prospect of success and, in any event, a fair hearing would not be possible in light of the claimant's non-compliance with tribunal orders.