Case 3315314/2023 · Employment Tribunal
Mr I Mwase v Computer Forensics Lab Ltd — 2025
- Case reference
- 3315314/2023
- Decision date
- 7 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran REPRESENTATION
- Venue
- Watford
Parties
2 namedClaimant
Mr I Mwase
Respondent
Key findings
Tribunal's reasoningThe claimant applied to strike out the respondent's response, contending that the respondent had misrepresented whether it held contact details for Mr Javid and had failed to comply with tribunal orders. The respondent accepted earlier non-compliance with some orders but said it did not have current contact details for Mr Javid and that there remained enough time to prepare for the listed final hearing.
The Tribunal found that the evidence relied on by the claimant did not support his submission that the respondent was being untruthful or misleading the Tribunal. It held that the thresholds under Rule 38(1)(b) and Rule 38(1)(e) were not met, while the threshold under Rule 38(1)(c) was met because of admitted non-compliance with some orders.
The Tribunal declined to exercise its discretion to strike out the response. It found that a fair hearing remained possible and that striking out the response would not be in keeping with the overriding objective.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The judgment records a claim of direct race discrimination, but this decision only refused the claimant's application to strike out the response; the merits of the claim were not determined. | Other | Race | — |
| Harassment | The judgment records a claim of harassment related to race, but this decision only refused the claimant's application to strike out the response; the merits of the claim were not determined. | Other | Race | — |
| Victimisation | The judgment records a claim of victimisation, but this decision only refused the claimant's application to strike out the response; the merits of the claim were not determined. | Other | — | — |
Legal tests applied
4 references- Rule 38(1)(b) Employment Tribunal Procedure Rules 2024
- Rule 38(1)(c) Employment Tribunal Procedure Rules 2024
- Rule 38(1)(e) Employment Tribunal Procedure Rules 2024
- overriding objective
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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