Case 3312413/2023 · Employment Tribunal
Mr M A Riaz v CMR Surgical Limited RECORD of an Open PRELIMINARY HEARING — 2024
- Case reference
- 3312413/2023
- Decision date
- 18 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Brown
Parties
2 namedClaimant
Mr M A Riaz
Key findings
Tribunal's reasoningThis was an open preliminary hearing concerning the respondent's application to strike out, or alternatively require a deposit for, the claimant's automatic unfair dismissal claim. The claimant said he was dismissed after two alleged protected disclosures about racial discrimination; the respondent said the dismissal decision related to conduct and had already been made before the emails. The respondent withdrew its application concerning discrimination and harassment claims due to lack of time.
The tribunal struck out Disclosure 1 as a qualifying disclosure because it was only a statement of an intention to raise race allegations in the future and did not set out facts capable of amounting to a qualifying disclosure. Disclosure 2, an email alleging racial discrimination sent on 27 July 2023 before the dismissal later that day, remained part of the automatic unfair dismissal claim.
Taking the claimant's case at its highest, the tribunal found the dismissal issue was evidence-sensitive and more than fanciful. It could not conclude that the automatic unfair dismissal claim had no reasonable prospect, or little reasonable prospect, of success, so the claim was not struck out and no deposit order was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary hearing judgment on the respondent's strike-out and deposit-order applications. The automatic unfair dismissal claim based on protected disclosure was not struck out and no deposit order was made; Disclosure 1 was struck out as a qualifying disclosure, but Disclosure 2 remained arguable. No final merits outcome was decided. | Other | — | — |
Legal tests applied
10 references- Rule 37 Employment Tribunals Rules of Procedure 2013
- Tayside Public Transport Company Limited v Reilly
- North Glamorgan NHS Trust v Ezsias
- Short v Birmingham City Council
- A v B
- Mbuisa v Cygnet Healthcare Ltd
- Cox v Adecco Group UK & Ireland
- Rule 39 Employment Tribunals Rules of Procedure 2013
- Ahir v British Airways Plc
- section 43B Employment Rights Act 1996
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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