Case 3327727/2017 · Employment Tribunal
In Person For the v Respondent — 2018
- Case reference
- 3327727/2017
- Decision date
- 11 January 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gumbiti-Zimuto Appearances
- Venue
- Reading
Parties
1 namedClaimant
In Person For the
Respondent
- —
Key findings
Tribunal's reasoningAt a preliminary hearing on 10 January 2018 in Reading, before Employment Judge Gumbiti-Zimuto, Mr J Bassa pursued complaints of direct race discrimination, direct sex discrimination, whistleblowing detriment and unlawful deduction from wages against CGI IT UK Limited. The judgment also records a separate dismissal claim, which was to be heard together with the current claim. The tribunal did not determine the late presentation issue at that stage, saying it should be dealt with at the full hearing.
The tribunal refused to strike out the race and sex discrimination allegations at that stage. It said that, although the claims had little reasonable prospect of success on the material then available, it could not properly conclude from the limited detail provided that they should be dismissed outright. It noted that the claimant had only set out the barest detail and that he might rely on a continuing act argument.
The claimant did not pursue a victimisation claim, and the judgment records the victimisation complaints as dismissed on withdrawal. It also records that the claimant withdrew the unfair dismissal claims, which were then dismissed under rule 52. No monetary award was made in this preliminary decision.
The only claim struck out was the allegation that the claimant suffered a detriment because of making a protected disclosure to the SFO. The tribunal struck that allegation out under rule 37(1)(a) because it had no reasonable prospect of success, explaining that the claimant had not set out an evidential basis linking the alleged detriment to the protected disclosure and was not in a position to say that any relevant person acting for the respondent knew of the disclosure.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | The claimant said he was not making a victimisation claim in this case; the judgment records the victimisation complaints as dismissed on withdrawal by the claimant. | Withdrawn | — | — |
| Whistleblowing | The tribunal struck out the complaint that the claimant suffered a detriment because of making a protected disclosure to the SFO under rule 37(1)(a) for no reasonable prospects of success. The reasons also discuss disclosure allegations to the Pensions Advisory Service and Pensions Regulator, but the order expressly disposes of the SFO-based complaint. | Struck out | — | — |
| Unfair dismissal | The claimant withdrew the unfair dismissal claims, including claims in the further dismissal claim form, and the tribunal dismissed them pursuant to rule 52 of the Employment Tribunals Rules of Procedure 2013. | Withdrawn | — | — |
Legal tests applied
3 references- rule 37(1)(a) Employment Tribunals Rules of Procedure 2013
- rule 52 Employment Tribunals Rules of Procedure 2013
- no reasonable prospects of success
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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