Mr Alex Forootan v Alliance Trust Savings Limited — 2020

At the preliminary hearing on 30 June 2020, Mr Alex Forootan said he had made a complaint to the Information Commissioner about a mobile phone application he was required to install on his personal phone, and that he was later dismissed. In his later papers he also referred to direct and indirect discrimination, sex, race and age harassment, automatic unfair dismissal, unfair dismissal, breach of human rights and sexual harassment.

The tribunal held that section 47B ERA 1996 does not apply where the alleged detriment is dismissal, but it was not prepared to strike out the case altogether. It considered that the claimant had just enough material to pursue an automatic unfair dismissal claim under section 103A ERA 1996, and that striking it out would be disproportionate. The judge referred to the need to avoid unnecessary formality, the exceptional nature of strike-out, and the question whether a fair hearing remained possible. A deposit order was also refused.

All other claims were dismissed. The tribunal said any discrimination claim was not particularised, there was no fair notice of the incidents relied on, and the claimant had not set out enough detail to show a reasonable prospect of success. It also noted that any ordinary unfair dismissal claim would fail because the claimant did not have sufficient qualifying service.