Case 6000353/2023 · Employment Tribunal
Mr F Warrener-Iglesias v Coretech Security Services Limited — 2023
- Case reference
- 6000353/2023
- Decision date
- 8 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ferguson Representation
- Venue
- Bristol
Parties
2 namedClaimant
Mr F Warrener-Iglesias
Respondent
Key findings
Tribunal's reasoningMr F Warrener-Iglesias was employed by Coretech Security Services Limited from 2 August 2021 to 3 October 2022 as a Vulnerability Researcher. After his Enhanced Developed Vetting application was rejected, the Respondent dismissed him because it said no suitable non-clearance role was available. The tribunal also noted that parts of the Claimant’s witness statement had been drafted using ChatGPT; it accepted that the substantive content came from him, but gave less weight to generic GPT-generated passages.
Applying s.10 EqA 2010 and the Grainger criteria, the tribunal held that none of the four asserted beliefs amounted to a philosophical belief. Belief 1 was treated as criticisms of the vetting process and possible bias, based on limited information and too specific to the Claimant’s own working environment. Belief 2 was unclear and tailored to the dismissal dispute, and the tribunal found no sufficiently coherent or weighty general belief in a right to associate or be perceived to associate with others. Belief 3, framed as personal development, responsibility and positive masculinity, was too vague in the form advanced, and there was no evidence about the beliefs or messages represented by Andrew Tate to support a defined philosophical belief. Belief 4 was held to be no more than an opinion that it is unfair to be penalised for asking questions or revealing information at work.
Because none of the asserted beliefs were protected, the complaints of direct discrimination and harassment were dismissed. The victimisation complaint was struck out: although the tribunal did not rule out that the 12 October 2022 letter could amount to a protected act at a final hearing, the chronology meant the alleged withdrawal of the dismissal offer came first, and the later statement that correspondence was closing did not create a new detriment. The tribunal recorded that the Respondent later re-opened the offer and that the Claimant was ultimately paid the additional two months’ pay and £135.60 in respect of private medical insurance, but no award was made.
The breach of contract claim was also struck out. The tribunal found there was no concluded contractual commitment to continue AXA medical cover until 26 February 2023, and in any event any such post-termination arrangement would not fall within the tribunal’s breach of contract jurisdiction because it did not arise on termination of employment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Religion or belief discrimination | Direct discrimination complaint based on asserted Beliefs 1, 2 and 4. The allegations included dismissal after the failed vetting process, failure to offer alternative work or an appeal, and the February 2022 discussion about travel to Ukraine. The tribunal held none of the asserted beliefs were philosophical beliefs within s.10 EqA 2010. | Dismissed | Religion or belief | — |
| Harassment | Harassment complaint based on asserted Beliefs 2 and 3. The allegations concerned the late 2021 conversation about a mutual friend and the August 2022 meeting about the Andrew Tate profile picture. Dismissed because the asserted beliefs were not protected philosophical beliefs. | Dismissed | Religion or belief | — |
| Victimisation | Claim based on the 12 October 2022 letter alleging discriminatory dismissal. Struck out because the alleged withdrawal of the dismissal offer predated the letter and the later closure of correspondence was not a causally linked detriment. | Struck out | — | — |
| Breach of contract | Claim about continued private medical insurance until 26 February 2023. Struck out because there was no concluded agreement to provide that cover and any such arrangement would have arisen after termination on 3 October 2022. | Struck out | — | — |
Legal tests applied
5 references- s.10 Equality Act 2010
- Grainger criteria
- s.27 Equality Act 2010
- Rule 37 no reasonable prospect of success
- Article 4 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
Official outcome judgment PDF
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