Claimant v Trinity Primary Academy
Outcome
Individual claims
The tribunal struck out the claim of direct age discrimination under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The claim was brought by an unrepresented claimant.
The tribunal struck out the claim of direct disability discrimination under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The claim was brought by an unrepresented claimant.
The tribunal struck out the claim of indirect disability discrimination under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The claim was brought by an unrepresented claimant.
Facts
Mrs Wiggan brought claims of direct age discrimination, direct disability discrimination, and indirect disability discrimination against Trinity Primary Academy, an educational institution. The claimant represented herself while the respondent was represented by a solicitor. The case proceeded to a preliminary hearing on the issue of whether the claims should be struck out.
Decision
Employment Judge Arullendran struck out all three claims under Rule 38(1)(a) on the basis that none had any reasonable prospect of success. The judgment was delivered orally at the hearing with written reasons available only upon request.
Practical note
Unrepresented claimants face significant risks at preliminary hearings where tribunals may strike out discrimination claims that fail to establish a reasonable prospect of success on their face.
Legal authorities cited
Statutes
Case details
- Case number
- 6018125/2024
- Decision date
- 10 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No