Case 4100184/2020 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100184/2020 (V) Preliminary Hearing by Cloud Video Platform (CVP) on January 2021 Employment Judge: M A Macleod Mr Jatin Haria v The Scottish Ministers — 2021
- Case reference
- 4100184/2020
- Decision date
- 8 February 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Sangster
Parties
2 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100184/2020 (V) Preliminary Hearing by Cloud Video Platform (CVP) on January 2021 Employment Judge: M A Macleod Mr Jatin Haria
Respondent
Key findings
Tribunal's reasoningThe claimant brought a race discrimination claim concerning a PCP in recruitment. The respondent applied under Rule 37 to strike out the claim, arguing that the claimant's proposed comparison pool and statistical evidence could not show particular disadvantage and that the claim had no reasonable prospect of success.
The Tribunal noted that an earlier preliminary hearing had found the claimant's specified pool to be potentially valid. It accepted that a respondent could make more than one strike-out application, but considered the context of the earlier decision and the further statistical material now relied on by the claimant.
The Tribunal refused strike-out. It held that it could not conclude at this stage that the claimant's statistical evidence meant his argument was bound to fail, and found an evidential dispute about the statistical data and comparison pool which should be determined at a hearing of evidence. The race discrimination claim was therefore not struck out and was not decided on its merits in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The Tribunal did not determine the merits of the race discrimination claim. It refused the respondent's Rule 37 application to strike out the claim as having no reasonable prospect of success, so the claim was to proceed to a substantive hearing. | Other | Race | — |
Legal tests applied
5 references- Rule 37 Employment Tribunals Rules of Procedure 2013
- no reasonable prospect of success
- s23(1) Equality Act 2010
- University of Manchester v Jones [1993] ICR 474
- Blockbuster Entertainment Ltd v James [2006] IRLR 630
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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