Mr. J. Cipa v Butchers Pet Care Limited — 2021

This was not a merits judgment on the claimant's discrimination complaints. The claimant's claim form, as summarised in Appendix A, alleged age discrimination arising from an asserted denial of training opportunities from December 2019 to January 2022, with the consequence that he remained on Band 1 and did not progress to a team leader role. He also said younger colleagues were given training and promotion opportunities, and he raised grievances in December 2019 and May 2021.

The tribunal heard and refused the respondent's application to strike out the case under Rule 37(1)(a) and (c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. It also refused the respondent's application for a deposit order under Rule 39. No substantive findings were made on whether the alleged denial of training, bullying, harassment, or grievance handling amounted to discrimination or victimisation.

Instead, the matter was directed to be listed for a Preliminary Hearing Case Management. The draft list of issues attached to the decision identified intended claims of direct age discrimination, indirect age discrimination, age-related harassment, and victimisation based on the alleged denial of training, alleged bullying by named managers, alleged failures to deliver a 12-week training programme, and alleged failures to investigate or adequately deal with the grievances. The order also recorded that a Russian speaking interpreter would be required.