Case 3335409/2018 · Employment Tribunal
In person. For the v Respondent — 2021
- Case reference
- 3335409/2018
- Decision date
- 31 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Postle Appearances
- Venue
- Norwich
Parties
1 namedClaimant
In person. For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal held an open preliminary hearing to consider whether to strike out the claimant's race discrimination claim and a possible public interest disclosure claim, and whether to make a deposit order. It referred to rule 37 and rule 39, and to Chandhok v Tirkey, but concluded that the claims had no reasonable prospect of success. The tribunal also noted that events before 28-29 July 2018 were out of time if they were single, unconnected acts.
The claimant had filed a lengthy particulars document and later further material spanning many years, but the tribunal found the allegations were mostly vague, lacked particularisation, and did not sufficiently connect the complained-of treatment to race. It said the claimant had still not advanced an arguable case of discrimination, and that the nearest he came to a race link was by assertion rather than evidence. The tribunal also recorded that the claimant's own summary referred to a decade of discrimination, but said that was not enough to establish a prima facie case.
The tribunal therefore dismissed both the race discrimination claim and the public interest disclosure claim. It vacated the 10-day merits hearing listed for 31 January 2021.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Dismissed at an open preliminary hearing under rule 37 as having no reasonable prospect of success. The tribunal found the claim form and later particulars were largely vague, much of the alleged conduct was out of time, and the material did not advance a prima facie case linking the treatment complained of to race or national origin. | Dismissed | Race | — |
| Whistleblowing | Dismissed at the same preliminary hearing as a possible public interest disclosure claim under the Employment Rights Act 1996. The reasons section does not separately analyse whistleblowing facts, but the tribunal treated the claim as having no reasonable prospect of success and dismissed it with the race claim. | Dismissed | — | — |
Legal tests applied
4 references- rule 37 no reasonable prospect of success
- rule 39 little reasonable prospect of success
- Chandhok v Tirkey
- prima facie case
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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