Miss R Sivakumar v Overstone Park School Limited and 1 other — 2025

At a preliminary hearing in public on 12 September 2025, Employment Judge Davey considered the respondents' application to strike out six s13 Equality Act 2010 discrimination complaints, a complaint about failure to provide a s1 statement of particulars of employment, and a complaint about itemised pay statements. Applying Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024 and the authorities in Hasan v Tesco Stores Ltd, Mbuisa v Cygnet Healthcare Ltd, Cox v Adecco and ors, and Anyanwu and anor v South Bank Student Union and anor, the tribunal took the claimant's case at its highest, noted that the discrimination complaints were disputed and evidence-sensitive, and refused strike out of the discrimination complaints and the s1 particulars complaint.

The tribunal said three of the six discrimination complaints, identified as issues 2.2.1, 2.2.2 and 2.2.6, had little reasonable prospect of success and gave separate reasons in a deposit order, but they were not struck out in this judgment. The itemised pay statements complaint, concerning June 2023 and July 2023, was struck out because it was presented out of time: the last statement should have been issued at the end of July 2023, ACAS was not contacted until 8 March 2024, and the tribunal found it had no jurisdiction because the claim was not brought within time and it was reasonably practicable to present it earlier.