Mr Chahal v Kuehne + Nagal Drinks Logistics Ltd — 2019

At this preliminary hearing, the claimant's race discrimination claim was recorded as dismissed upon withdrawal by the claimant. Employment Judge Daniels sat alone and dealt with the respondent's application to strike out and/or seek a deposit order in relation to the direct gender discrimination claim and the unfair dismissal claim.

On unfair dismissal, the judge summarised the dismissal reasons as a health and safety incident involving the claimant allegedly jumping on the back of a lorry, and alleged rude and aggressive conduct after allegations were made against him. The claimant relied on alleged inconsistency with two agency workers, his 15 years' service and clean disciplinary record, the absence of a changed policy, and the treatment of Ms Butler. The tribunal held that there was a reasonable argument about inconsistent treatment and that the case had some merit, so it refused strike out and any deposit order.

On direct gender discrimination, the claimant argued that he was investigated and summarily dismissed while a female colleague, Ms Butler, was not investigated at all, despite comparable conduct. The judge said that, although there was no direct evidence of gender being the reason, the unexplained difference in treatment could be enough to shift the burden of proof and that the claim had a reasonable prospect of success. No strike out or deposit order was made.