Mr D Drennan v Jamie Arthur and 2 others — 2020

At the preliminary hearing on 4 February 2020, the tribunal accepted the claimant's further and better particulars in full, applying Selkent Bus Company Limited v Moore. It held that most of the new material was proper particularisation of the ET1, although the specific sex discrimination allegations concerning Jibril Mohammed and the specific race discrimination allegations were new matters. It then refused the respondents' strike-out application in full.

The tribunal applied the usual caution against striking out discrimination claims and considered each head on the basis that the claimant's case should be taken at its highest. It allowed the direct sex discrimination claim against the company and Frances Bowie, the automatic unfair dismissal claim under section 103A ERA 1996, the whistleblowing detriment claim under section 47B ERA 1996, and the direct race discrimination claim concerning Jibril Mohammed to proceed, finding that none met the threshold for strike out.

It made deposit orders of £75 each only in relation to the direct sex discrimination and harassment allegation against Jamie Arthur and the sex discrimination and harassment allegation against the company relating to Jibril Mohammed, finding that those allegations had little reasonable prospect of success but not no reasonable prospect of success. The claimant said he was receiving state benefits of about £600 per month and had no capital or savings, which the tribunal took into account when setting the deposits at a total of £150. It said its refusal to strike out claims, and its refusal to order deposits on the other allegations, did not imply any view that the claims were well founded, and it listed a further case management preliminary hearing for no earlier than 17 March 2020.