Mr D White v A Kahn Design Limited Heard at Leeds — 2025

This reserved judgment concerned case numbers 6000841/2024 and 6005125/2024. The tribunal held that the written and oral communications at pages 188 to 207 of the bundle were made on a without prejudice basis and were therefore inadmissible at the final hearing. It also held that section 111A ERA 1996 did not apply, because the communications ended in June 2022 and the claimant’s employment ended on 30 April 2024.

The tribunal struck out the victimisation claims. It found that the alleged protected act, said to be an email of 22 March 2020 from Mr White to James Gallimore, was not clearly an allegation that the respondent or another person had contravened the Equality Act 2010. It also noted that Mr Gallimore’s grievances listed in the bundle did not appear to contain Equality Act allegations.

The tribunal then reviewed the detriments pleaded in paragraphs 13.1 to 13.75 of the Claim Summary. It found that several alleged detriments occurred before the alleged protected act, many were not linked to it, several were unclear as detriments at all, and some were complaints, grievance-related matters, or actions by third parties. On that basis, it concluded that none of the alleged detriments gave the victimisation claim a more than no reasonable or little reasonable prospect of success, and it struck out the victimisation claims as set out in the Reasons.