Mr J Salaj v GXO Logistics UK Limited — 2025

At an open preliminary hearing, the tribunal considered the respondent's application to strike out all or part of the claimant's race discrimination claim, or alternatively to require a deposit order. The claimant alleged direct race discrimination and harassment, including historic complaints about training, sick pay, movement between warehouse sections, and later allegations about being allocated physically demanding work after returning from hernia-related absence in July or August 2022.

The tribunal held that the post-return allegations concerning Mr Panton allegedly disapplying agreed protective measures and scheduling the claimant to physically demanding work could not be struck out. It found that whether the claimant was treated less favourably because of race, or subjected to harassment related to race, was a matter for evidence at a later hearing and could not be determined at the preliminary stage.

The tribunal struck out the remainder of the claim, including historic complaints about training and sick pay, as having no reasonable prospect of success. It found those matters were historic, some appeared to have been resolved or undermined by the claimant's own evidence, and it would not be just and equitable to revive them. The respondent's application for a deposit order was refused for the remaining allegations.