Case 3308182/2023 · Employment Tribunal
Ms O Obasa v African Carribbean Association and 2 others — 2023
- Case reference
- 3308182/2023
- Decision date
- 20 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan
Parties
4 namedKey findings
Tribunal's reasoningThe claimant brought complaints that she had been unfairly dismissed and discriminated against on grounds of race and disability, and also referred to defamation, libel, slander and being a whistleblower. The tribunal considered at a preliminary hearing whether the claims should be struck out or made subject to a deposit order.
The tribunal dismissed the unfair dismissal complaint because the claimant was not, and did not claim to have been, employed by any of the respondents. It dismissed the defamation, libel and slander complaints because the Employment Tribunal had no jurisdiction to determine tort claims.
The tribunal also dismissed the race and disability discrimination complaints and any whistleblowing claim because there was no reasonable prospect of the claimant establishing the necessary employment, worker, applicant or remunerated personal office status. It further recorded that the discrimination allegations were not clearly identified and that no discernible or arguable whistleblowing complaint was apparent on the claim form and addendum.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed at a preliminary hearing as having no reasonable prospect of success because the claimant was not, and did not claim to have been, employed by any respondent. | Dismissed | — | — |
| Race discrimination | Dismissed as having no reasonable prospect of success. The tribunal found no reasonable prospect of establishing jurisdiction under the employee/applicant provisions or the personal office provisions of the Equality Act 2010. | Dismissed | Race | — |
| Disability discrimination | Dismissed as having no reasonable prospect of success. The tribunal found no reasonable prospect of establishing jurisdiction under the employee/applicant provisions or the personal office provisions of the Equality Act 2010. | Dismissed | Disability | — |
| Whistleblowing | The judgment stated that any whistleblowing claim under section 47B Employment Rights Act 1996 was dismissed as having no reasonable prospect of success, and that no discernible or arguable whistleblowing complaint was identifiable on the claim form and addendum. | Dismissed | — | — |
| Other | The claimant referred to defamation, libel and slander. The tribunal dismissed those complaints because there was no reasonable prospect of establishing that the Employment Tribunal had jurisdiction to hear tort claims. | Dismissed | — | — |
Legal tests applied
14 references- Rule 37 Employment Tribunals Rules of Procedure
- Rule 39 Employment Tribunals Rules of Procedure
- s.94 Employment Rights Act 1996
- s.103A Employment Rights Act 1996
- s.47B Employment Rights Act 1996
- s.39 Equality Act 2010
- s.49 Equality Act 2010
- s.50 Equality Act 2010
- s.83 Equality Act 2010
- s.110 Equality Act 2010
- Murray v Newham Citizen's Advice Bureau [2000] UKEAT 1096_99_0607
- Groom v Maritime and Coastguard Agency EA-2022-000623-AS
- South East Sheffield Citizens Advice Bureau v Grayson [2004] 353
- Melhuish v Redbridge CAB [2005] IRLR 419
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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