Case 3303985/2022 · Employment Tribunal
Mr Damien Terry v East of England Ambulance Service OPEN PRELIMINARY HEARING — 2023
- Case reference
- 3303985/2022
- Decision date
- 4 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O’Rourke Dated
Parties
2 namedClaimant
Mr Damien Terry
Key findings
Tribunal's reasoningAt an open preliminary hearing on 2 May 2023, the claimant withdrew his claims of direct discrimination and harassment on grounds of religion or philosophical belief. The tribunal dismissed those claims by way of withdrawal and made no merits findings on them.
The tribunal struck out the claimant’s detriment claim concerning his right to be accompanied at a meeting with the respondent, relying on Rule 37(1)(a) and recording that it had no reasonable prospects of success. The judgment identifies the claim as one under ss.10 and 12 of the Employment Relations Act 1999.
The respondent’s application for strike out or a deposit order in relation to the claimant’s detriment claim under s.146 of the TULRA(C) Act 1992, said to concern union membership or activities, was refused. The existing directions remained in force, and the final hearing was reduced from three days to two days, listed for 13 and 14 November 2023.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Religion or belief discrimination | The claimant’s direct discrimination claim on grounds of religion or philosophical belief was dismissed by way of withdrawal. | Withdrawn | Religion or belief | — |
| Harassment | The claimant’s harassment claim on grounds of religion or philosophical belief was dismissed by way of withdrawal. | Withdrawn | Religion or belief | — |
| Other | The claimant’s detriment claim concerning the right to be accompanied at a meeting was struck out under Rule 37(1)(a) as having no reasonable prospects of success. | Struck out | — | — |
| Trade union | The respondent’s application for strike out or a deposit order in respect of the claimant’s detriment claim related to union membership or activities was refused; the claim remained subject to the existing case management directions. | Other | — | — |
Legal tests applied
1 reference- Rule 37(1)(a) 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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