Cases→2305090/2023

Claimant v London Fire Brigade

15 October 2025Before Employment Judge SudraLondon Southremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(race)struck out

Allegations 5.1 to 5.8 relating to direct race discrimination were struck out. The tribunal found the claimant had no reasonable prospect of establishing there was discriminatory conduct over a period or continuing act, and it would not be just and equitable to extend the time limit.

Victimisationpartly succeeded

Allegations 12.1 to 12.7 relating to victimisation were struck out for similar reasons to the race discrimination claims. However, allegations 12.8 and 12.9 were allowed to proceed, subject to a deposit order, indicating they have little but some reasonable prospect of success.

Facts

The claimant brought claims of direct race discrimination and victimisation against the London Fire Commissioner. The respondent applied to strike out substantial parts of the claim on the basis that the claimant had no reasonable prospect of establishing there was a continuing act of discrimination and that it would not be just and equitable to extend time. The claimant also sought to amend his claim. The matter came before the tribunal at a preliminary hearing to determine these issues and for case management.

Decision

The tribunal struck out allegations 5.1 to 5.8 (direct race discrimination) and 12.1 to 12.7 (victimisation) finding the claimant had no reasonable prospect of establishing discriminatory conduct over a period or that it would be just and equitable to extend time. Allegations 12.8 and 12.9 were permitted to proceed but made subject to a deposit order as they had little reasonable prospect of success. The remaining claims will proceed to a final hearing listed for October 2025.

Practical note

Time limit issues can be fatal to discrimination claims where there is no continuing act and the just and equitable test is not met, even where some allegations are permitted to proceed subject to deposit orders.

Legal authorities cited

Statutes

Equality Act 2010 s.13Equality Act 2010 s.27

Case details

Case number
2305090/2023
Decision date
15 October 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
London Fire Brigade
Sector
emergency services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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