Mr B Ganji v University of Reading — 2021

Mr B Ganji brought a direct race discrimination claim against the University of Reading arising from the decision not to appoint him to the role of Lecturer in International Security in June 2019. The respondent applied to strike out the claim under Rule 37(1)(b) of the Employment Tribunal Rules 2013 on the basis of the claimant's conduct in the proceedings.

The tribunal accepted that the claimant had repeatedly made irrelevant and untrue allegations about S, the chair of the interview panel, about the respondent's legal representatives, and about G, the successful candidate. It held that this conduct was scandalous and unreasonable, citing Bennett v Southwark London Borough Council and Blockbuster Entertainment Ltd v James, but it found no evidence that the conduct had made a fair trial impossible or materially prevented the respondent from defending the case.

The tribunal concluded that striking out the whole claim would not be a proportionate response. It dismissed the strike-out application, but ordered the claimant to provide a list and copies of documents in his possession, custody or control relevant to the claim, including documents relevant to mitigation, by 12 March 2021. It stated that if he did not comply, the claim for remedy other than a declaration would be struck out. No monetary award was made in this judgment.