Mr F G Chirila v Ministry of Defence RECORD OF A PRELIMINARY HEARING — 2024

At a public preliminary hearing on 4 March 2024, Employment Judge Price considered the respondent's strike-out application in relation to the claimant's race discrimination claim. The claimant applied for a Modelling & Simulation Admin support post on or around 18 November 2022 and progressed part way through the process before being told by email on 16 March 2023 that he was not eligible because he was not a British citizen. It was not disputed that he holds settled status in the UK, and it was also not disputed that the original advert did not state that British nationality was required.

The tribunal accepted the respondent's case that the post should have been treated as a reserved post because it involved access to information behind the tubes at Northwood HQ, and that the Civil Service Nationality Rules applied. The tribunal found that Schedule 22 paragraph 5 of the Equality Act 2010 applied to the act complained of, namely the refusal to allow the claimant's application to proceed once the post was given reserved status. On that basis, the tribunal held that the refusal was an implementation of nationality-based rules for employment in the service of the Crown and could not amount to a breach of the Equality Act 2010.

The claim was therefore struck out under rule 37(1)(a) because it had no reasonable prospect of success. The tribunal recorded that the process was upsetting for the claimant, who had wasted time and effort in making the application, but it did not make any monetary award and did not go on to consider the respondent's application for a deposit order.