Case 3302667/2020 · Employment Tribunal
Mr. J Neckles, Trade Union Representative For the v Mr. N Newman, Solicitor — 2021
- Case reference
- 3302667/2020
- Decision date
- 2 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Loy
Parties
2 namedClaimant
Mr. J Neckles, Trade Union Representative For the
Respondent
Key findings
Tribunal's reasoningThe tribunal considered the respondent's application under rule 37 to strike out the claimant's discrimination complaint on the basis that it had no reasonable prospects of success. Employment Judge Loy, sitting alone, dealt with the matter as a preliminary issue and did not determine the underlying claim on its merits.
The tribunal found there was a strongly arguable case that the pleaded acts of discrimination at paragraphs 2.1 and 2.2 of the Particulars of Complaint amounted to conduct extending over a period beginning on 10 August 2019, when the claimant was investigated for potential misconduct, and ending on 12 December 2019, when the appeal outcome was communicated. On that basis, the end of the period fell within the three-month time limit in section 123(1)(a) of the Equality Act 2010.
The tribunal also said that, at that stage, there was a weak but tenable argument that the claimant had been discriminated against. The respondent's strike-out application therefore failed on both limitation and merits grounds. No remedy was awarded in this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | This was a preliminary rule 37 strike-out decision, not a merits determination. The tribunal held there was a strongly arguable case that the pleaded acts of discrimination formed conduct extending from 10 August 2019 to 12 December 2019, so the limitation point and the merits challenge did not justify striking out the claim. | Other | Race | — |
Legal tests applied
3 references- rule 37
- section 123(1)(a) Equality Act 2010
- no reasonable prospects of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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