Mr E Ngassa v Rendall and Rittner — 2025

At a preliminary hearing in public before Employment Judge Brain on 27 August 2025, the tribunal considered strike-out and preliminary issues in Mr E Ngassa's claim against Rendall and Rittner Ltd. It held that claim number 1808711/2024 had been withdrawn by the claimant on 17 October 2024 but had not been dismissed by the tribunal, so no cause of action estoppel or issue estoppel arose in relation to complaints brought under Part II of the Employment Rights Act 1996. The claimant was therefore permitted to pursue those complaints, but their merits were not determined in this judgment.

The tribunal struck out the disability discrimination complaint brought under the Equality Act 2010. That complaint alleged a failure to make reasonable adjustments concerning the use of a non-flushing toilet and the requirement for the claimant to take breaks in his office. The strike-out was made under rule 38(1)(a) of the Employment Tribunal Procedure Rules because the tribunal held that the complaint had no reasonable prospect of success.

The tribunal also struck out the Equality Act 2010 victimisation complaint under rule 38(1)(a). It held that the complaint had no reasonable prospect of success because the claimant had not done a protected act as required by section 27(1) of the Equality Act 2010.

The complaint of breach of the sex equality clause under section 127 of the Equality Act 2010 was struck out under rule 38(1)(a). The tribunal held that it had no reasonable prospect of success because the claimant had no comparator of the opposite sex engaged in equal work to him. The tribunal further recorded that there was no extant race discrimination claim and therefore made no order on the respondent's application to strike out such a claim. No remedy or monetary award was recorded.