Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claimant withdrew the claim for direct sexual orientation discrimination and the tribunal dismissed it on withdrawal.
The claimant withdrew the claim for sexual orientation harassment and the tribunal dismissed it on withdrawal.
Facts
Mr Mojili brought claims against Marks & Spencer PLC for direct sexual orientation discrimination and sexual orientation harassment. The claimant represented himself while the respondent was represented by a Chartered Legal Executive. The matter proceeded to a remote hearing before Employment Judge Phillips sitting alone.
Decision
The tribunal dismissed both claims on the claimant's withdrawal. The claimant withdrew his claims for direct sexual orientation discrimination and sexual orientation harassment, and the tribunal formally dismissed them.
Practical note
A claimant may withdraw discrimination claims at any stage, resulting in dismissal on withdrawal with no substantive determination of the merits.
Case details
- Case number
- 6023184/2024
- Decision date
- 24 October 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No