Mr Peter Lindsay v Walton High School and 3 others — 2021

At a remote preliminary hearing on 17 February 2021, Employment Judge Cassel, sitting alone, considered whether the claimant's breach of contract and race discrimination claims should be struck out as having no reasonable prospect of success. The claimant represented himself. He clarified that the breach of contract claim concerned notice pay on termination, and he accepted that he had already received his notice pay in full and that no further payment was due.

The claimant also clarified that the race discrimination claim was confined to his complaint that he was not allowed to have Ms Lisa Pilla, an HR administrator, accompany him at the grievance hearing. He said this was unfair because Mr Blundell had been provided with a representative/work colleague, but he accepted in evidence that there was no documentary proof that he had asked Ms Pilla to attend, that it was possible she had not known of any request, and that if she had refused to attend he would not have regarded that as unlawful discrimination.

The tribunal applied rule 37 of the Employment Tribunal Rules of Procedure and noted the caution in striking out claims, particularly for a litigant in person. It also referred to A v B and anor [2011] ICR 59 and the principle that a claim should not be struck out where there is more than a fanciful prospect that the burden of proof might not be discharged. On the evidence, however, the judge found that there was nothing to show that the complaint about accompaniment was connected to race, and no evidence that the claimant's comparator was treated differently because of race.

The tribunal therefore struck out both claims as having no reasonable prospect of success. No monetary award was made.