Case 3303673/2018 · Employment Tribunal
Mr D Taheri v Parkdean Resorts UK Limited — 2019
- Case reference
- 3303673/2018
- Decision date
- 19 July 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tom Ryan
- Venue
- Manchester
Parties
2 namedClaimant
Mr D Taheri
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing concerning a Manchester complaint alleging race and age discrimination and a Newcastle complaint alleging disability discrimination against a prospective employer. The claimant withdrew the race discrimination complaint in case 3303673/2018 after accepting that the successful candidate for the Scottish role was not Scottish. The tribunal therefore dismissed that complaint upon withdrawal.
The tribunal struck out the age discrimination complaint in case 3303673/2018. It held that the claimant's reliance on an email referring to managers looking for "less experienced sales people" did not give rise to a reasonable inference that the respondent was seeking younger applicants. Reading the email in context, the tribunal considered it more likely to refer to relevant industry experience and concluded that the age claim had no reasonable prospect of success.
In case 2500128/2019, the tribunal refused the respondent's application to strike out the disability discrimination claims. Although the judge considered the claimant likely to face difficulty in proving that decision-makers knew of his disability and that disability was part of the reason for rejection, the tribunal was not satisfied that the claims had no reasonable prospect of success. A separate deposit order was made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | In case 3303673/2018, the race discrimination complaint was dismissed upon withdrawal at the preliminary hearing. | Withdrawn | Race | — |
| Age discrimination | In case 3303673/2018, the age discrimination complaint was struck out on the ground that it had no reasonable prospect of success. | Struck out | Age | — |
| Disability discrimination | In case 2500128/2019, the respondent's application to strike out the disability discrimination claims was refused at a preliminary hearing; the underlying disability claims were not finally determined in this judgment. | Other | Disability | — |
Legal tests applied
2 references- Chandhok v Tirkey [2015] IRLR 195
- no reasonable prospect 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.
How we got this data
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