Mr J Alom v Ms A Shaukat and 1 other — 2022

This was a preliminary hearing dealing with the Respondents' application to strike out or seek deposit orders, and the Claimant's cross application to strike out the Respondents' response. No evidence was given. The Tribunal considered the pleadings, documents, written and oral submissions, the Tribunal Rules, limitation under section 123 Equality Act 2010, and authorities on strike out and deposit orders.

The Tribunal declined to strike out the remaining claims on the basis of the Claimant's conduct, while recording serious concerns about how he had conducted the proceedings. It noted messages sent to colleagues and others and FOI requests, but took account of the Claimant being unrepresented and concluded the threshold for strike out was not met at that stage.

The Tribunal dismissed one harassment complaint on the grounds of sex and the corresponding sex discrimination complaint because the Claimant's own documents showed he had engaged in and at times appeared to lead the online discussion, so the conduct could not be unwanted for the harassment allegation. The remaining sex harassment, sex discrimination, and race harassment allegations were not struck out, but deposit orders were made because the Tribunal considered they were substantially out of time and had little reasonable prospect of success. The Claimant's application to strike out the Respondents' response was refused as misconceived and inconsistent with his position that documents and witnesses were still required for trial.